Last Updated on August 29, 2025
When someone passes away, the legal system doesn’t pause for grief. There are deadlines. Documents. Property to manage. Accounts to close. And, someone has to make sure it all happens.
That someone is often you.
If you’ve found yourself in the middle of Georgia’s probate process, either because you’re named as executor or simply trying to sort through your loved one’s affairs, you may be asking one urgent question:
What is a probate attorney, and do I really need one?
In Georgia, many probate cases take longer than expected creating delays, uncertainty, and added pressure for families already managing loss. At Chandler Law, we step in before things spiral, helping you get clear on what needs to happen and how to move it forward.
Let’s take a closer look at how probate works in Georgia, what a probate attorney actually does, and how to know whether hiring one is worth it in your situation.
Probate in Georgia Isn’t Just Paperwork
Probate is the court-supervised process of managing and distributing a person’s estate after they die. In Georgia, this includes everything from confirming the validity of a will to ensuring debts are paid and assets reach the right people.
That might sound simple, but it rarely is.
Georgia’s probate is governed by O.C.G.A. Title 53, and the duties placed on executors or administrators are legal obligations, not suggestions. You’ll be expected to follow court timelines, notify heirs and creditors, value and transfer property, and file closing documents.
And if you don’t get it right, there can be consequences.
The Court Doesn’t Walk You Through It
One of the most common misconceptions about probate is that the court will help you along the way. In reality, Georgia probate clerks are not allowed to offer legal advice. That means they won’t correct your paperwork, won’t remind you about missed deadlines, and won’t explain your responsibilities if something goes wrong.
You’re expected to know what to do, or to work with someone who does.
What Is a Probate Attorney?
A probate attorney is a legal professional who helps executors, administrators, and families manage the probate process. That includes handling court filings, settling debts, transferring property, and resolving issues when something goes wrong.
In Georgia, probate attorneys are especially helpful in avoiding mistakes that could delay the process or create liability for the person handling the estate.
But, their role goes beyond checking boxes.
They Know the System — and How to Move Through It
A probate attorney in Georgia understands the local court process. They know what the judge expects. They know how to interpret the will, if one exists. And they can help you make sense of confusing situations, like a home that’s still in the deceased’s name or investment accounts with no clear beneficiary.
Their job is to reduce your stress, protect the estate’s value, and keep things moving forward.
What Does a Probate Attorney Do?
If you’re still wondering what a probate attorney actually does, the answer depends on the complexity of the estate, but in most cases, their work includes both legal and practical support.
They help you understand your responsibilities as executor, identify and notify beneficiaries, deal with creditors, handle property transfers, and prepare filings for the probate court. In more complex cases, they may assist with will contests, disputes between heirs, or tax issues tied to the estate.
But perhaps most importantly, they help you avoid missteps.
Mistakes Can Cost You
Georgia law holds executors personally responsible for getting things right. If you distribute assets before debts are paid, miss a required notice, or fail to file documents properly, you could be on the hook, not just financially, but legally.
That’s why having an experienced probate attorney matters. They serve as your legal safety net, ensuring you don’t overlook something that could come back to cause problems later.
What to Expect from a Probate Attorney
If you’ve never worked with a lawyer before, you may be unsure what to expect from a probate attorney.
You won’t be handing everything over and walking away. Instead, think of the attorney as a guide, someone who walks with you through the process, step by step, explaining what’s needed, reviewing documents, and helping you respond to unexpected challenges.
In most cases, that includes:
- Creating a plan for what to do first
- Clarifying which documents to gather and when
- Advising on asset transfers, including property titles and accounts
- Helping manage court communication
- Stepping in if a dispute or conflict arises
When Do I Need a Probate Attorney?
Not every estate requires legal help. Georgia offers a simplified probate process in certain low-risk situations; typically when there’s no real estate involved, no family disagreements, and a valid, uncontested will.
But those cases are more the exception than the rule.
You May Need Legal Help If…
The will names an executor who has passed away or cannot serve. There’s a second marriage involved, and family members don’t agree. The estate includes property with unresolved title issues. Debts are piling up, and you’re unsure which to pay first. Beneficiaries can’t be located. The will is vague, or someone’s threatening to contest it.
These are all situations where trying to go it alone can backfire.
And sometimes, it’s not a dramatic conflict that signals the need for help — it’s the quiet stress of not knowing whether you’re getting it right.
Probate in Georgia: How Long Does It Really Take?
While some estates wrap up in a matter of months, most probate cases in Georgia take 8 to 12 months on average, depending on the complexity of the assets, presence of disputes, and how quickly documents are filed. In counties with heavier caseloads, like Fulton, Cobb, or DeKalb, court processing times may stretch longer.
According to the Georgia Council of Probate Judges, simplified probate procedures may be available in uncontested cases, but many estates still require full administration due to creditor claims, real estate transfers, or family disagreements.
If you’re unsure what kind of timeline to expect, a probate attorney can help you estimate the length based on your specific county and the estate’s details.
Why Would You Need a Probate Attorney Even for a “Simple” Estate?
Even straightforward estates can run into hidden complications. A home left to multiple heirs may trigger title issues. Joint accounts may not be as clear-cut as they seem. Or a well-meaning executor may miss a critical step like publishing a legal notice and end up with delays or penalties.
In those moments, the cost of a probate attorney is almost always less than the cost of fixing a mistake.
How Georgia Probate Attorneys Add Real Value
The best probate attorneys don’t just help with court documents. We bring clarity to confusing moments, offer reassurance during emotional conversations, and help you protect your loved one’s legacy while also protecting yourself.
We know how to keep the process efficient, respectful, and compliant with the law, even when things feel overwhelming.
You don’t have to carry the legal side too. That’s what we’re here for.
Wondering If You Need Help? Trust Your Instinct
If you’ve been named as executor, or you’ve taken on the role of managing a loved one’s estate, it’s normal to feel unsure. Probate is complicated, and the rules aren’t always obvious. That’s why Georgia families often reach out, not when everything has gone wrong, but when they want to make sure it doesn’t.
At Chandler Law in Alpharetta, Georgia, we help clients across Georgia handle probate with clarity, and care. Whether your case is straightforward or filled with question marks, we’re here to make the next step feel manageable.
You don’t have to guess your way through this. Let’s talk about what comes next and how to move through it with clarity and peace of mind.
