Jen Haskins Law, LLC

Call 478-200-2232 to schedule an appointment.

Jen Haskins Law, LLC

The Last Estate Planning and Elder Law Attorney You’ll Ever Need

Attorney Jennifer Moore and her canine ambassadors Chloe and Libby

Lawyer Helping Macon Entrepreneurs Protect Their Business During Probate

When a business owner dies, their ownership interest in a small business or LLC does not simply vanish. At Jen Haskins Law, LLC, I guide clients through every step of the probate process with the care I would show family. With deep knowledge of Georgia probate rules and a hands-on approach, I help small-business owners protect their legacy, minimize disruption to daily operations and ensure a smooth transfer of business assets.

What Happens To A Business When The Business Owner Passes Away?

Under Georgia law, any ownership interest held by the decedent enters probate unless alternate transfer provisions apply. The following types of businesses can become probate assets:

  • Sole proprietorships, where the business and owner are legally one and the same
  • General partnerships, which may dissolve or continue under the partnership agreement
  • Limited liability companies (LLCs), depending on the operating agreement’s transfer restrictions
  • Corporations, where shares pass through probate unless a buy-sell agreement provides otherwise

Because each entity type has unique rules for succession, an understanding of your LLC’s operating agreement and Georgia probate statutes is essential before moving forward. That’s where I, a seasoned probate attorney from Georgia, can help you.

The Probate Process For Businesses In Georgia

Probating a business in Georgia involves several key stages. First, the personal representative petitions the probate court to open an estate. Next, the court appoints the personal representative, who inventories all probate assets and notifies heirs and creditors. Finally, assets are valued and distributed according to the will or Georgia’s intestacy laws.

Now, this process gets trickier when a business is involved. Special considerations for businesses during probate include:

  • Reviewing operating agreements or corporate bylaws for transfer restrictions
  • Obtaining professional valuations to determine the fair market value of your small business or LLC interest
  • Addressing potential disputes among heirs or co-owners over management control
  • Complying with Georgia notice requirements to protect against creditor claims

These steps ensure that the probate of your LLC interest or small business proceeds in accordance with both your estate plan and Georgia law.

How Probate Impacts Daily Business Operations

Probate can bring significant challenges to your business’s routine operations. Some of these challenges can include the following:

  • Co-owners may disagree on key management decisions, leading to delays in approving orders and contracts.
  • Banks and vendors often require court authorization before releasing funds or honoring credit agreements.
  • Employees can feel uncertain about job security and seek other opportunities, causing turnover and loss of institutional knowledge.
  • Customers and suppliers may lose confidence in the business’s stability, affecting revenue and supply chains.
  • Court-imposed deadlines for inventorying and valuing assets can divert attention from normal operations and strategic decision-making.

By identifying these challenges early and working with counsel to plan for them, you can reduce downtime and keep your business moving forward during probate.

How I Can Help

Since 2010, I have guided Macon business owners through Georgia probate with practical, client-focused counsel. At Jen Haskins Law, LLC, I combine probate knowledge with clear, frequent updates. I can help you by handling every probate detail for your small business or LLC:

  • Reviewing your operating agreement or corporate documents for probate-related provisions
  • Preparing and filing the probate petition on your behalf in compliance with Georgia rules
  • Coordinating with appraisers and financial professionals to determine an accurate business valuation
  • Representing your interests in court and negotiating with co-owners or heirs

My straightforward approach and regular communication keep you informed, so you can concentrate on running your business.

Protect Your Business During Probate. Contact Me Today.

Don’t let probate catch your business off guard. Call my law office at 478-200-2232 for guidance. You may also send me a message online to schedule an initial consultation. Let’s work to protect your legacy together.