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What is probate court?

In the city of Atlanta and beyond, a probate court is a court that deals with legal matters concerning a person who has passed away. A probate court will assure that the creditors of the deceased person are paid. Once creditors are paid, the deceased’s assets will be disbursed properly.

When a person dies, there is a legal procedure, called probate, that oversees the distribution of that person’s property. Some state’s call probate court Chancery Court, Surrogate’s Court or Orphan’s Court. A person will be appointed by the court to deal with the person’s assets. That person will be tasked with the duty of ensuring that creditors are paid and property is distributed to named beneficiaries.

When a person passes away and has not left a will, the person appointed to handle the deceased’s property will distribute it to the next of kin. This is called the law of intestate succession. Intestate succession details the order of the next of kin. For example, the deceased person’s spouse will get a share of the property, as will children, parents, siblings and other family members as dictated by law.

If the deceased person did leave a will, it will first be determined if the will is valid, they will then pay creditors and distribute property as dictated in the will. Any person who has questions regarding probate law should after a wrongful death should reach out to an experienced attorney for more information.