What is Probate?


Dealing with the death of a family member can be emotionally taxing; and the thought of having the responsibility of winding up that loved one’s personal affairs on top of the emotional challenges your family is dealing with could be be overwhelming. That’s why one of the most important decisions that you can make during the estate administration of a family member is entrusting the probate of a will to an estate planning attorney who you feel you can trust. The Libby Law Firm is committed to providing comprehensive legal advice and representation relating to probate and estate administration to our clients. Our experience allows us the ability to execute the probate of an estate in an efficient and orderly manner which ultimately saves our clients valuable time and resources.


Probate is a court-supervised process that takes place after someone dies. Generally, probate sorts out the transfer of the deceased person’s property. Usually, an estate administrator is named in the will, but if one is not, then the probate court will appoint one. It is that administrator’s responsibility to identify and inventory the deceased person’s property and have the property appraised. In addition, the administrator or executor is responsible for paying the debts and taxes out of the estate and distributing the remaining property as the will (of if there is not will, as state law) directs. Sometimes, the decedent owes money to creditors and those creditors have rights with respect to the estate assets which can complicate the probate administration. The probate process requires paperwork and many times, families may need representation in court by lawyers. Usually, the estate pays attorney and court fees.

There are several different types of probate. The type that is required by law usually depends on the type of property the decedent has left behind. In addition there are some types of property that can avoid the probate process entirely. For example, property or other assets held in a trust may be exempt. But the best way to know the proper course of action for your family member’s estate is to consult an experienced probate or estate planning attorney.


The Atlanta probate and estate attorneys at The Libby Law Firm have represented families throughout the United States in Georgia probate and estate administration processes—from filing the initial petition to the final distribution of assets. We represent families whose loved ones executed wills before their death as well as those who did not establish a will before death– which is called an “intestate estate.” The Libby Law Firm have helped many clients throughout the Atlanta metropolitan with their probate matters including cases involving:

  • Caveats
  • Probate of Wills
  • Petitions for Letters Testamentary
  • Petition for Letters of Administration
  • Administration of Intestate Estates
  • Objections to Executors
  • Objections to Administrators
  • Intestacy proceedings
  • Ancillary estates
  • Inventories
  • Tax management
  • Final accounting
  • Investing and distributing assets
  • Gathering (“Marshaling”) and protecting assets

In addition, our lawyers are sensitive to the disharmony that can arise among a decedent’s surviving family members, and we can put legal measures in place to prevent conflicts from arising. In the event that you need an attorney to investigate any matter related to an estate, such as a will contest or the filing of a legal complaint for the poor performance of an estate executor, The Libby Law Firm has the knowledge and experience to advise you.

Atlanta Probate Lawyer Blog - What is Probate?

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