Steps

1. Determine the county of residence for the person who died. That person who died is known as the “decedent.” The Probate Court of the decedent’s county of residence will handle the probate matters.

2. Determine if the decedent left a will. A person who dies without a will is called “intestate.”

3. If there is a will, then the will needs to be “probated” in the Probate Court. Probating a will generally requires notice to all heirs of the decedent’s death; heirs may or may not be beneficiaries of the will. The original will is filed with the Probate Court. This procedure be complicated and you may want to consult with a lawyer to assist you.

4. If there is no will, then someone must appointed by the court to represent the estate. That person is called the Administrator or Administratrix. The Probate Court must appoint the administrator or administratrix and this appointment must usually be made with the consent of all of the heirs.

5. Consider calling an attorney to discuss the situation. When a person dies in Georgia due to the negligence of another person, there are legal proceedings that can be initiated that can often recover money for medical bills and funeral expenses. Also, the spouse, children and parents of those who die due to someone else’s fault may have legal claims as well. The law firm of Link & Smith, P.C. has represented those who lost loved ones since 1991.

At Link & Smith, P.C. our goal is to provide exceptional legal services. We strive to achieve the highest standard of legal ability and ethics for the protection of our clients through team work, extensive resources, and 40+ years experience. We believe that serious injuries deserve superior results. For a FREE no-obligation consultation regarding your legal concerns, contact us today or call us toll-free at 888-315-8840.

Steps

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