Probate Attorneys Serving St. Lucie County, FL and Fayette County, GA
You focus on your family. We handle the court.
You Don't Have to Figure Out Probate Court on Your Own
Elizabeth Williams Winfield serves as court-appointed County Administrator for Clayton County, Georgia — a role the probate court assigns when an estate has no one else to manage it. She handles court-supervised estate administration professionally, which means she knows Fayette County and Clayton County probate court procedure the way most attorneys know it only in theory.
That knowledge matters. An attorney who has filed hundreds of inventories, accountings, and final returns in a specific court moves faster and hits fewer obstacles than one working from a general understanding of probate law. When your family is waiting for an estate to close, that difference is real.
Probate Services at Simmons, Finney & Winfield
Probate administration
Opening the estate, filing the petition, inventorying assets, paying creditors, and distributing to beneficiaries under court supervision
Probate litigation
Will contests, disputed distributions, creditor claims, and fiduciary removal proceedings
Letters testamentary and letters of administration
Obtaining court authority to act on behalf of the estate
Georgia Probate — What to Expect
Georgia probate is handled at the county level through the Probate Court of each county. In Fayette County, the process typically runs six to twelve months for a straightforward estate, though contested matters or estates with complex assets can take longer.
The process generally begins with filing a petition to probate the will and appointing a personal representative, followed by notice to heirs and creditors, an inventory of estate assets, payment of valid debts and taxes, and a final distribution to beneficiaries. Georgia allows for a simplified process in certain small estates and where all heirs consent, which can reduce both time and cost.
Elizabeth Williams Winfield handles probate administration and probate litigation across Fayette County, Clayton County, and surrounding Georgia counties. Her court appointment as County Administrator means she works in these courts regularly — not occasionally.
Florida Probate — What to Expect
Florida probate is handled through the Circuit Court in the county where the deceased was domiciled. Florida offers two primary probate tracks: formal administration, used for most estates, and summary administration, available for smaller estates or where the decedent has been deceased for more than two years.
Formal administration in Florida typically takes six to twelve months for uncontested estates. Florida requires that a licensed Florida attorney represent the personal representative in formal administration proceedings — self-representation is not permitted.
Our Port St. Lucie office handles Florida probate administration and probate litigation for clients across St. Lucie County and the Treasure Coast.
When a Will Is Contested
Will contests in Florida and Georgia follow distinct legal standards, but the underlying dynamic is often the same: a family member believes the will does not reflect the deceased's true wishes, or that someone exerted undue influence over the process.
A contested probate matter does not have to become an open-ended legal battle. Our attorneys represent both petitioners and respondents in probate litigation — including will contests, challenges to personal representatives, and disputed creditor claims. The goal is resolution that honors the estate and minimizes damage to family relationships where possible.
(678) 788-6030 — Georgia Office. |
(772) 873-5900 — Florida Office
Probate Subpages
Probate Administration
Step-by-step court-supervised administration of a Georgia or Florida estate, from the initial petition through final distribution and discharge.
Probate Litigation
Will contests, disputed distributions, fiduciary removal, and creditor disputes in Florida and Georgia probate court.
Probate Mediation
When estate disputes arise, litigation isn't always the answer. Elizabeth Williams Winfield is a certified mediator and arbitrator who helps Georgia families resolve probate conflicts faster and at a fraction of the cost of court.
Common Questions About Probate in Florida and Georgia
How long does probate take in Georgia?
A straightforward, uncontested estate in Georgia typically closes in six to twelve months. Contested matters, estates with real property in multiple counties, or estates with complex business interests can take longer. Having an attorney who files regularly in Fayette County or Clayton County Probate Court reduces procedural delays.
What happens if someone dies without a will in Georgia?
When someone dies without a valid will in Georgia, their estate passes under Georgia's intestacy statutes, which determine who inherits based on family relationship — typically a spouse, then children, then more distant relatives. The court appoints an administrator to manage the estate. This process can be more complicated and contentious than probate with a will, particularly in blended families or where heirs disagree.
Does every estate go through probate in Georgia?
Not necessarily. Assets held in a trust, accounts with designated beneficiaries, and property held in joint tenancy with right of survivorship pass outside of probate. However, assets titled solely in the deceased's name with no beneficiary designation typically do require probate. An estate planning attorney can structure your estate to minimize what passes through probate.
Can I probate an estate in Georgia without a lawyer?
Georgia law permits an individual to represent themselves in certain probate proceedings, but the process involves specific filing requirements, notice rules, and accounting obligations that are easy to get wrong. Errors can delay the estate's closing or expose the personal representative to personal liability. For most estates, working with a probate attorney is the more practical choice.
What is the difference between a personal representative and an executor?
They refer to the same role. An executor is the term used when someone is named in a will to administer the estate. A personal representative is the broader term used in Georgia and Florida statutes — it covers both executors named in a will and administrators appointed by the court when there is no will.
Is there a probate attorney near Fayetteville, GA?
Yes. Our Fayetteville office at 741 West Lanier Avenue, STE 220 handles probate administration and probate litigation for clients throughout Fayette County and surrounding counties, including Clayton, Henry, and Coweta. Elizabeth Williams Winfield is court-appointed County Administrator for Clayton County and files regularly in Fayette County Probate Court.
Ready to Put a Plan in Place?
Estate planning is easier than most people expect when you have an attorney who takes the time to understand your situation. Schedule a consultation with our Georgia or Florida office and walk away with a clear picture of what you need and what it will take to get there.