When a loved one passes away, it hits hard. No matter what your relationship was like, it’s always an emotional journey. Unfortunately, while you need time to grieve, you also need to attend to the legalities of someone dying. If you’re considering putting this off, it’s important to understand the probate process in Georgia and how long you can delay tackling it while you mourn.
What to know about the timing of probate
In Georgia, the law understands that you need time to grieve. Here’s what you should know about probate timing:
- No strict deadline: Georgia doesn’t set a hard deadline for filing probate.
- Reasonable timeframe: Generally, starting within a few months is considered appropriate.
- Time to mourn: You can take some time to process your loss before diving into legal matters.
- Flexibility: The exact timing can depend on your family’s specific situation.
Remember, starting probate is not immediate. You can take time to honor your loved one’s memory. You can take care of practical matters. Take the time you need. When you’re ready, you can start probate by filing a petition with the probate court in the county where your loved one lived.
Consider the issues that might arise from delaying probate
It’s important to know that the reasonable time you can wait until the very last minute is typically within five years of the deceased’s passing. Once this passes, you may face legal complications and potential loss of assets. This is because while Georgia doesn’t set a hard deadline for filing probate, delaying too long can lead to complications.
It can cause some asset deterioration and difficulty accessing accounts. For example, property may lose value without proper management, and banks may freeze accounts, making it hard to pay bills or manage finances, respectively.
But don’t wait years to start probate
It can be ok to wait for a bit, but delaying for years may make the probate process more challenging and potentially costly. Long delays can also lead to family disputes over the estate and make gathering necessary documents and information even more complicated. An experienced probate and estate administration attorney can help you balance grieving with necessary legal steps.