Estate Planning: Wills, Trusts, Probate

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Why Estate Planning in Georgia Cannot Wait

You've worked a lifetime to build something worth passing on. Without a properly drafted will or estate plan, Georgia law decides who gets your assets — and the process can take years and cost your family tens of thousands of dollars in court fees, lost assets, and family conflict. Our Peachtree Corners estate attorneys help individuals and families create clear, legally enforceable estate plans that protect loved ones, minimize probate delays, and honor your wishes.

Whether you're 35 and just starting a family, 60 and approaching retirement, or 80 and updating an aging plan, a well-structured estate plan is one of the most important gifts you can leave behind. We serve clients throughout Gwinnett County, including Peachtree Corners, Norcross, Duluth, and Johns Creek.

Near Law Firm offers estate planning services including preparation of wills, durable financial power of attorney, healthcare advance directive (health care power of attorney), living trusts, and pour-over wills.

Our Estate Planning & Probate Practice

1. Will Drafting & Review

Create a legally valid Georgia will that names your beneficiaries, executor, and guardian for minor children. We ensure full compliance with the O.C.G.A. § 53-4-20 signature and witness requirements. We also review existing wills for outdated provisions, missing beneficiary designations, and gaps that could expose your estate to probate complications.

2. Probate Administration

We guide executors and administrators through the complete Gwinnett County Probate Court process: filing the initial petition, publishing notice to creditors, inventorying and appraising assets, paying valid debts and expenses, preparing accountings, and distributing the estate to beneficiaries. We handle every step so your family can focus on healing.

3. Intestate Estates

When a loved one dies without a will in Georgia, the intestate succession rules under O.C.G.A. § 53-2-1 control who inherits. We help families determine legal heirs, petition for an administrator of the estate, and — where appropriate — petition for an order that no administration is necessary under O.C.G.A. § 53-2-40 to resolve the estate efficiently.

4. Executor & Personal Representative Assistance

Acting as executor is a legal role with significant personal liability. We advise personal representatives on their fiduciary duties under O.C.G.A. §§ 53-6-1 through 53-6-64, including responding to creditor claims, properly inventorying and valuing assets, filing required accountings, and making lawful distributions to beneficiaries.

5. Year's Support Claims

Georgia uniquely allows surviving spouses and minor children to claim a "year's support" allowance outside the probate estate under O.C.G.A. § 53-3-1. This

powerful remedy can secure the family home, vehicles, and bank accounts — and takes priority over most creditor claims. We help clients file these petitions and defend against challenges from creditors or other heirs.

6. Estate Disputes & Contested Probate

Will contests, claims of undue influence, executor misconduct, and creditor disputes can completely derail an estate. Our litigation team represents both claimants and estates in Gwinnett County Probate Court and, when necessary, in Superior Court. We fight to protect our clients' interests and resolve disputes as efficiently as possible.

7. Trust Drafting & Review

A trust is one of the most powerful legal tools available for protecting your assets, providing for your family, and avoiding the cost and delay of probate. Fortunately, Georgia has one of the most modern and comprehensive trust codes in the country. Understanding that legal framework is key to building a plan that works. Unlike a will, a properly funded trust transfers assets to your beneficiaries immediately upon your death — privately, without court involvement.

At our Peachtree Corners law firm, we design trust strategies tailored to your life. Whether you're a business owner seeking continuity planning, a parent of a child, a couple wanting to protect a family home, or a philanthropist with charitable goals, we have the trust solution for you.

We take the time to explain every option in plain English — no legalese, no surprises.

How We Handle Your Estate Matter

Step 1 — Free Consultation:

We meet with you (or your family) to understand your assets, family situation, and goals. There is no cost and no obligation for this initial meeting.

Step 2 — Estate Audit:

We review existing documents, beneficiary designations, titled assets, and insurance policies to identify gaps, conflicts, and planning opportunities.

Step 3 — Drafting & Review:

We prepare your will, powers of attorney, healthcare directives, and any supplemental documents. You review the drafts, ask questions, and request revisions before execution.

Step 4 — Execution:

We ensure all documents are signed, witnessed, and notarized in full compliance with Georgia law, so your estate plan is legally bulletproof from day one.

Step 5 — Ongoing Updates:

We recommend revisiting your estate plan after major life events — marriage, divorce, birth of a child, retirement, or a significant change in assets.

Start Building Your Trust Plan Today

Protect your family and your legacy with an estate plan strategy designed for your life. Our Peachtree Corners attorneys offer free initial consultations and transparent pricing. Call 770-242-0850 or fill out our contact form to get started.

Frequently Asked Questions

Please reach us at nearlawfirm@hotmail.com if you cannot find an answer to your question.

Q: What happens if someone dies without a will in Georgia?

Under O.C.G.A. § 53-2-1, the estate passes by intestate succession. A surviving spouse shares the estate with children — each receiving an equal share, including the spouse. If there are more than two children, the spouse receives no less than one-third of the estate. Without a surviving spouse or children, assets pass to parents, then siblings, then more distant relatives. This statutory formula frequently conflicts with what the deceased person would have actually wanted.

Q: Do I need a will if I'm married and have a joint bank account?

Possibly not for that account — but joint ownership only covers jointly titled assets. Your individually owned property, retirement accounts without named beneficiaries, and personal belongings will pass under Georgia's intestate succession laws under O.C.G.A. § 53-2-1, which may not reflect your actual wishes. A will gives you full legal control over how all your assets are distributed and allows you to name a guardian for minor children.

Q: How long does probate take in Gwinnett County, Georgia?

Most uncontested probates in Gwinnett County take between 6 and 12 months. Contested estates, missing heirs, out-of-state property, or complex asset structures can extend the process to 2 years or more. Early legal guidance helps identify and resolve potential issues before they cause costly delays.

Q: What is Year's Support in Georgia?

Year's Support is a unique Georgia remedy under O.C.G.A. § 53-3-1 that allows a surviving spouse or minor children to petition the probate court for a portion of the decedent's estate sufficient to provide support for one year. The award can include the family home, vehicles, and bank accounts, and takes priority ahead of most creditor claims — making it one of the most powerful protections available to surviving families in Georgia.

Q: What is the difference between a will and a living trust?

A will takes effect after death and must go through probate court — a public, court-supervised process that can take 6 months to 2 years. A living trust takes effect immediately upon signing, can manage your assets if you become incapacitated during your lifetime, and transfers your estate at death without probate — privately, efficiently, and often much faster. Most complete estate plans include both a trust and a pour-over will.

Q: Does a trust avoid all probate in Georgia?

Only assets held in or properly transferred to the trust avoid probate. Assets left in your individual name alone — with no beneficiary designation — will still go through the Georgia probate process. Proper trust funding is absolutely critical. We actively guide every client through the funding process to ensure the trust controls what it is supposed to control.

Q: Can I change a revocable living trust?

Yes. A revocable living trust can be amended or revoked at any time during your lifetime, as long as you have legal capacity. You remain in full control of the trust assets and can change beneficiaries, successor trustees, or distribution terms whenever your circumstances change. This flexibility is one of the revocable trust's greatest advantages.

Q: How much does it cost to set up a Will or Trust in Georgia?

Wills and Trust costs vary based on complexity and the number of documents required. A straightforward Will or Revocable Living Trust package — including the will or trust agreement with pour-over will, durable power of attorney, and healthcare directive — is typically far more cost-effective than you might expect, and far less expensive than a contested probate proceeding. We offer transparent, flat-fee pricing on estate planning packages. Contact us for a no-obligation quote based on your specific situation.