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Probate and the simple will

Making sure one's estate is in order is not something that is at the top of everyone's list these days, though it really is something that people in Georgia and elsewhere ought to consider doing. Even a simple will is better than nothing. This is particularly true during the probate process.

A simple will is a pretty basic document that is meant for those without complex or significant assets. Generally speaking, those who would benefit from this type of will include those who are less than 50 years old with small estates. Why do age and property matter? Estate taxes and distribution of wealth will be significantly different for an individual with fewer overall assets in hand.

Now, probate is something that most people really do hope to avoid. Unfortunately, that does not always happen. In fact, most estates must be handled through some sort of probate proceedings before the estate is closed out. Why is probate often necessary? There are a few reasons, some of which include:

  • The will lacks clarity
  • Family member files a complaint
  • Creditor contests

During the probate process, a judge will have the opportunity to review a simple will and rule on any family or creditor claims made against the estate. If a will is simple and clear, this is a process that should not take too long. However, if a will fails to appropriately address all the issues tied to an estate, it may take more time to officially close it out. With assistance, Georgia residents can create simple wills that fit their needs or put together any other estate planning documents that would better do the job.

Source: FindLaw, "What is a Simple Will?", Accessed on Sept. 21, 2017

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Miles Hansford & Tallant, LLC
202 Tribble Gap Road Suite 200
Cumming, GA 30040

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