Do I Need a Will - Answers to Common Questions This document answers common questions about wills under Georgia Law, including: 1) What is a Will? 2) What is a Codicil? 3) What is a Self-Proving Affidavit? 4) How old does one have to be in order to make a Will?
By: Georgia Department of Human Resources, Division of Aging Services
How to Republish (Affirm the Contents) of a Will
By: Atlanta Legal Aid Society Seniors Hotline
Wills - State Bar of Georgia Consumer Pamphlet
(Separate Website)
Everyone owning property who wishes to exercise control over the property?s disposition after death should have a will regardless of the property?s value. Of course, the larger the estate, the greater is the need for expert estate planning and a valid, up-to-date will. This pamphlet gives you basic information about why you should have a will, what happens when you don't, and provides basic suggestions for you to keep in mind when you are writing your will.
By: Elder Law Committee of State Bar of Georgia
Wills Fact Sheet
This document will help you understand issues relating to writing your will.
By: Georgia Department of Human Resources, Division of Aging Services
Powers of Attorney
The Facts About Financial Powers of Attorney Learn what you need to know about advance directives.
By: Atlanta Legal Aid Society
Probate
Frequently Asked Questions About Probating a Will
(Separate Website)
This document answers common questions about the process of probating a will after someone has died, including: (1) If I die, will the state get all of my money? (2) If I have a will, is my estate in good order? (3) Can I prepare my own will? (4) Can I avoid Probate?
This information is based on "The Probate Whys", a brochure prepared by The Hon. Lillis J. Brown, Judge of the Probate Court of Rockdale County.
By: Clarke and Rockdale County Probate Courts
Frequently Asked Questions About the Administration of an Estate
(Separate Website)
This document answers common questions about administering an estate, including: (1) Who is eligible to serve as the Administrator? (2) Who decides who will be the Administrator? (3) What are the responsibilities and powers of an Administrator?
By: Athens-Clarke County Probate Court
Administration of the Estate When There Is No Will
(Separate Website)
An individual who dies (also called a "decedent") and who has no will is said to have died "intestate". This means in most circumstances that the Probate Court will need to appoint an Administrator to handle the property that the decedent owned. This document explains the process of what happens when a person dies intestate.
By: Athens-Clarke County Probate Court
Probate of Wills
(Separate Website)
An individual who dies, also called a decedent, and who has a will is said to have died testate. The will is usually offered for probate by the individual who is named in the will as the executor. The process of probating a will is the formal process by which the Probate Court determines a document has been proved to be the last will and testament of the decedent and officially appoints the executor or some other person to handle the distribution of the decedent's property. Even if the will is not going to be probated, anyone who is in possession of the will of an individual who has died must bring the will to the Probate Court for filing. This document discusses the other procedures for probating a will.
The information on this page is based in part on a brochure prepared by the Hon. Marion Guess, Judge of the Probate Court of DeKalb County and students at the Georgia State University College of Law.
By: Clarke and Dekalb County Probate Courts
Trusts
Avoiding Living Trust Scams: A Quick Guide for Advocates
(Separate Website)
Dishonest living trust salespeople prey on seniors' fears that after their deaths, their life savings and assets will be stolen by the government or by predatory probate attorneys. These salespeople use high-pressure tactics and deceptive claims to coerce vulnerable seniors into buying a product that many of them don't need. Seniors are bombarded with advertisements, phone calls, and pitches from door-to-door salespeople insisting that living trusts work best for everyone. This may be true for some. For others, buying a living trust is simply a waste of limited resources.
By: National Consumer Law Center
Tips for Seniors on Living Trusts
(Separate Website)
Many seniors worry about what will happen to their property after they pass away. This is a very important decision. Unfortunately, it can also be very confusing. One of the most critical choices you will face is whether to get a living trust, will, or both. There are many unscrupulous companies that will try to convince you that a living trust is the best way to go. This may be true for some. But for many, a living trust will simply be a waste of precious resources. This fact sheet will give you basic information about living trusts and wills, and describes some of the most common scams.
By: National Consumer Law Center
When a Loved One Dies
Dependency and Indemnity Compensation for Veterans
(Separate Website)
The website has information on dependency and indemnity compensation ? a financial benefit for eligible survivors of certain deceased veterans
By: Department of Veteran?s Affairs
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Rules of Inheritance
(Separate Website)
The following outline is a summary of the Georgia Law which determines who are "heirs at law" of a Decedent (the person whose death necessitates the administration of his or her estate). The actual statute may be found in the Official Code of Georgia Annotated, Section 53-2-1.
By: Athens-Clarke County Probate Court
What is Elder Abuse?
Elder abuse affects people of all backgrounds without regard for social status, income, sex, or race. Four to ten percent of elders will be a victim of abuse. Elder abuse is grossly underreported and investigated. Victims are often ashamed and fear reporting their abusers. In addition, victims often do not know where to find help. This brochure is aimed at providing information and resources for victims as well as defining laws pertaining to elder abuse, neglect, and exploitation.
By: Atlanta Legal Aid Society
What to Do When a Loved One Dies
(Separate Website)
There are a number of different proceedings which may be filed in the Probate Court following the death of a Georgia resident or a non-resident owning property in the State of Georgia. Proceedings are filed in the Probate Court of the county of the deceased person's residence in Georgia or in the county where property of a non-resident is located.
This page briefly describes the usual, initial proceedings. For each proceeding described, there is a standard form, which the Court will provide to any petitioner.
This information was originally prepared as the public serve by the Hon. William J. Self, II, Judge of the Probate Court of Bibb County, Georgia, and Ms. Dianne Brannen, Ombudsman for the Probate Court of Bibb County, Georgia.
By: Probate Courts of Bibb and Clark Counties
Year's Support Following Death of Spouse or Parent of Minor Children
(Separate Website)
Despite its misleading name, a Year's Support award is a permanent award of property from a decedent's estate to the decedent's surviving spouse, surviving minor children, or both. The surviving spouse of the decedent can apply for Year's Support unless he or she has re-married after the decedent's death. This document explains more about rights to Year's Support.
By: Athens-Clarke County Probate Court
Alternatives to Guardianship - With Advance Directives
When a person is sick or preparing for a future stay in the hospital, there can sometimes be confusion about what the person?s wishes are for his or her own treatment. There might be disagreement among family members about the person's decisions concerning his or her health care. Advance Directives allow an person to make decisions in advance about his or her health care in writing. This lets the person make his own life decisions, lets everyone know what those decisions are, and keeps the family from having to make those decisions for the person after the person is sick. This document explains the different kinds of advance directives, including the Living Will, the Durable Power of Attorney for Health Care and the Do Not Resuscitate Order.
By: Georgia Department of Human Resources, Division of Aging Services
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LegalAid-GA is a project of Atlanta Legal Aid Society, Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. The project is funded by the Legal Services Corporation and the Georgia Access to Justice Project and produced in cooperation with Pro Bono Net, the Carl Vinson Institute of Government and legal service organizations and government agencies throughout Georgia and the United States.
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