T he P robate P laybook How Georgia Handles Estate Debt Settlement
When a person passes, the next step is a petition filed in court to start the probate process. If a will is in place, it typically spells out who will be the estate executor. When there is no will, it’s up to the probate judge to nominate one. During the probate process, the goal is to follow the terms of the will as closely as possible. If there was a will, there is usually a court hearing where anyone named in the will and heirs can attend and potentially contest the will. Any challenges must go to another hearing where someone can argue fraud or misrepresentation. Once the court has determined that a will is valid, the executor must start paying off debts or estate bills. If it’s invalid, the court will examine its intestacy laws, establishing the priority order for the distribution of assets. When there is no will, the courts will use that same priority hierarchy to divvy out assets. Beneficiaries, heirs, and executors must understand that an estate’s debt and bills must be handled before they can receive any benefits. Every state’s priority
order for these fees is different. In Georgia, the following is how debts are prioritized: • Year’s support for the family • Funeral expenses • Expenses of the administration of the estate •
Reasonable expenses of the decedent’s last illness Unpaid taxes or other debts due the state of Georgia or the United States Judgments, secured interests, and other liens created during the decedent’s lifetime
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Discovering you are the heir or beneficiary of a will doesn’t always mean you’re about to get a payout immediately. You must follow a hierarchy and legal process before receiving any benefits. Whether you’re an executor, heir, or beneficiary, understanding the probate admission process is crucial for ensuring a smooth transfer of assets and honoring the wishes of the deceased. Let’s explore the claims that must be resolved before beneficiaries receive their distribution.
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All other claims
Once all these expenses have been paid, beneficiaries can get what comes to them. We always recommend people wait to make any large purchases until all the estate debts and creditors have been paid. By adhering to the prescribed order, heirs can ensure a smoother and more efficient resolution of their loved one’s estate, avoiding potential disputes and delays.
On a Mission to Provide Closure and Clarity M eet E rvin H all At The Manely Firm, our attorneys help people get through some of the most challenging times of their lives. Associate Attorney Ervin Hall joined our Lawrenceville Office this year. With his person- centered approach, creative problem-solving skills, and dedication, he has already changed lives in this community. Family law holds a special place in his heart.
support, who believed education was crucial. He first attended Howard University in Washington, D.C., where he earned his degree in communications and culture. Ervin then moved to Atlanta, sight unseen, to attend Emory University School of Law. Ervin said his journey wasn’t without challenges. “My journey had quite a few bumps. The first time I took the bar exam, I didn’t pass, but I returned with a vengeance the second time; my 26th birthday present was getting barred and sworn in.” In May 2019, Ervin began practicing law in Atlanta in various courts and practice areas; he branched out to work in insurance, evictions, toxic tort, and commercial litigation. He was drawn to The Manely Firm because he wanted to focus on family law. He said the firm has been incredibly supportive, and everyone has a strong level of trust, which allows the entire team to receive the fruits of their labor. Though law keeps him busy, he enjoys traveling, eating different cuisines, and cooking when he has time. Ervin is creative at heart and has done everything from jewelry design to writing poetry.
“It’s about working with real people, with real issues, looking for real resolution,” he said. “A resolution could be very small, like an apology, all the way to getting one’s kids back.” Ervin has known he wanted to be a lawyer since he was 5 or 6 years old and was inspired by children’s books highlighting significant people like Thurgood Marshall and Ruth Bader Ginsburg. “Growing up as an inner- city kid in Philadelphia, I looked at their important contributions not just to the development of the world I live in but as important to my future as lawyer; I wanted to follow in their footsteps.” He started building his skills in high school, participating in activities like debate and mock trial competitions. Ervin said he is thankful for his parents’
For Ervin, the most rewarding part of his job is providing a client with closure and clarity, especially when children are involved. “People look at divorce or child custody as the weight they wake up with, and it’s rewarding to resolve those challenges, put them to bed, and create a sense of finality. It gives the client a bit of breathing room to understand that not every day is like this.” Ervin believes in the power of “reaching back, to reach forward” by laying down the foundations for future generations. It’s clear Ervin has a deep passion for educating clients and the community, and we are so excited to see his career continue to grow here.
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