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Probate & Wills in Real Estate

NEED PROBATE REAL ESTATE HELP?

We offer a team ready to help you with many of the issues Executors, Administrators, and/or Heirs face.

You may need:

  • Probate Attorney
  • Accountant
  • Surveyor
  • Real Property Valuations
  • Personal Property Values by Appraisals
  • Junk Removal
  • Property Maintenance
  • Estate Sales and/or
  • Real Estate Sales
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Earl Park

Certified Real Estate Probate Specialist
THE PARKHOUSE TEAM

Virtual Properties Realty

2750 Premiere Parkway
Suite 200
Duluth, GA 30097
Cell: 770.377.5793
Office: 770.495.5050

Last Will and testament document with pen

Resources and Information

Some Estate Executor's Duties During ProbateThe Probate TimelineProbate Terms/Glossary
Last Will and Testament form with pen, close-up
  • Reads your will
  • Safeguards your assets
  • Petitions the court for probate of your will
  • Assembles and inventories all of your assets
  • Procures appraisal of all assets
  • Administers your estate
  • Makes all your tax returns
  • Settles all your proper claims
  • Distributes your probate estate
  • Obtains final discharge
Wooden gavel, golden scales of justice and books on grey background

STEP

DURATION

Prepare and file Petition for Probate 1-2 months
Court hearing on the Petition for Probate 2-3 months
The following are issued: Letters of Administration, Orders for Probate, Duties and Liabilities, Issue Bond (if ordered), & **Letters Testamentary 2-4 months (if not contested)
Notice to Creditors 2-4 months
Notice to Department of Health Services Inventory & Appraisement 4-8 months
Pay State and Federal Taxes (if necessary) 6-12 months
Allow or Reject Creditor Claims
Possible Preliminary Distributions
Notice to Department of Health Services (if deceased receive medical benefits)
Notice to Franchise Tax Board (if heir is out of state)
Claim of Exemption (if assets transfer to a minor) 6-15 months
Receive Final Tax Letter from State and Federal (if appropriate) 6-18 months
File Petition for Final Distribution and Accounting 8-16 months
Hearing on Petition for Final Distribution and Accounting
Order Approving Final Distribution and Accounting
Distribution of Assets to Heirs 9-17 months
Final Discharge Order (indicates close of probate case) 9-18 months
Final Distribution of Funds 9-18 months
The word probate on a stamp on a big folder of paperwork

Administrator

Person (sometimes a family member) appointed by the court to administer the estate of a person who died without a will (i.e. a Personal Representative)

Administrator with Will Annexed

A person appointed by the court to administer the estate of a person who died with a will, but this person was not named in the will to act as a personal representative. Also known as Administrator C.T.A. (Cum Testamento Annexo).

Beneficiary

An individual or organization to whom a gift of property is made.

Conservator

A person or organization appointed by the court to protect and manage the personal care or financial affairs, or both, of a conservatee. (See LPS Conservatorship)

Disclaimer

A refusal to accept, for example, a testamentary gift made in a prescribed manner and time.

Fiduciary

A person or organization that manages property for a person, with a legal responsibility involving a high standard of care. E.g. conservators, guardians, personal representatives, agents, or trustees.

Grantor

The individual or corporation who makes a grant (transfer) of property to another person.

Guardian

A person appointed by the court to protect and manage the personal care or financial affairs, or both, of a minor (ward).

Inheritance Taxes

The taxes imposed, according to the relationship to the decedent, on the person who receives the property.

Intestate

Someone who dies without a will.

Irrevocable Trust

Trust wherein the grantor has expressly released the power of revocation.

Joint Tenancy

A form of property ownership by two or more persons. Often designated with joint tenant with right of survivorship. Own equal parts of joint tenancy property.

Personal Representative

An administrator or executor appointed by the court to administer a decedent’s estate.

Our Clients Say:

Earl & Rita are very knowledgeable with real estate transactions, both buying and selling.
Cary & Bill
Park House helped us sell and buy houses and make $$$ doing it!
Kari & Brad
Earl & Rita listed Dad’s house and sold it…could not have done the deal without you.
Mike
Earl and Rita are very knowledgeable agents. They do a great job and walking you through the process of real estate buying and selling.
Sidney