Batten LawEstate Planning & Probate Attorney · Tifton, Georgia
(912) 200-7785
Estate Planning & Probate Attorney

Compassionate legal help for life's big turning points.

Batten Law is a family-run firm helping Georgia families put their wishes in writing, and carry them out when the time comes. The attorney who drafts your plan is the same one who will stand beside your family in probate court, if probate is necessary.

Est. 2015State Bar of GeorgiaTift County & surrounding counties
Estate Planning

Three documents, tailored to your needs.

We draft the documents that carry your wishes forward, tailored to your assets, your family, and your business interests. Most clients need all three, working together.

Three generations of a family smiling around a grandmother's birthday cake

Last Will and Testament

Who receives what you leave behind?

Your will speaks for you after you're gone. It tells the probate court who should receive your property and who should be in charge of the process.

  • Names your executor to settle the estate
  • Leaves property and personal items to the people you choose
  • Nominates a guardian for minor children
  • Can waive bond, inventory and annual returns to save your executor time and expense

Financial Power of Attorney

Who handles your affairs if you can't?

An accident or illness can leave bills unpaid and accounts frozen. A power of attorney lets someone you trust step in right away.

  • Names an agent, plus a backup, to manage your finances
  • Covers banking, bills, real estate, insurance and taxes
  • Lets you grant or limit specific powers
  • Can avoid a court-supervised conservatorship

Advance Directive for Health Care

Who speaks for you about your care?

Hard medical decisions are easier on your family when they know what you want and who is meant to decide.

  • Names your health care agent and a backup
  • Records your wishes about life support and end-of-life care
  • Can address organ donation and final arrangements
  • Lets you nominate a guardian if one is ever needed

Without a plan, Georgia decides

  • Your property passes under the state's intestacy rules, which may not match your wishes.
  • Your minor children's guardian is chosen by the court rather than by you.
  • If you become incapacitated, your family may have to ask the probate court to appoint a guardian or conservator before they can act.
  • Your executor may need to post bond and file yearly accountings that a will could have waived.

What to bring to your free consult

  • Names of your spouse, children and anyone you want to include
  • Who you'd trust as executor, agent and guardian
  • A rough list of assets: home, land, accounts, retirement, life insurance, business interests
  • Any existing will or power of attorney, including from another state
Time to update your plan? MarriageDivorceA new child or grandchildA move to GeorgiaA death in the familyBuying land or a businessChanges in guardianship for childrenGift additions or changesEvery few years
Probate

When a loved one passes, we carry the paperwork.

We represent executors and administrators through the probate process in Georgia, so you can focus on your family while the legal work gets done correctly.

An older man sitting quietly in a leather armchair in his living room

How probate works in Georgia

  1. File the original will

    Georgia law requires whoever holds the original will to deliver it to the probate court in the county where the person lived. If there is no will, the estate is still opened in that county.

  2. Petition and appointment

    We file the petition and give notice to the heirs. The court then issues Letters Testamentary to an executor named in a will, or Letters of Administration to an administrator when there is no will.

  3. Notice to creditors

    A notice to debtors and creditors runs once a week for four weeks in the county's legal newspaper. Creditors then have three months from the last publication to present their claims.

  4. Inventory, debts and taxes

    We help you gather assets, file the inventory and annual returns the court requires (unless they've been waived), and pay valid debts and final taxes in the right order.

  5. Distribution and discharge

    Once claims are settled, property is distributed to the beneficiaries or heirs, and we petition the court to discharge you as personal representative.

With a will

Probate in solemn form or common form

Solemn form gives formal notice to every heir and is binding once the court admits the will. Common form is quicker but can generally be challenged for up to four years. We'll recommend the right route for your family.

Without a will

Georgia's intestacy rules decide who inherits

A surviving spouse and children share the estate equally, and a spouse never receives less than one-third. With no children, the spouse inherits everything. Without a spouse or children, the estate passes to parents, siblings, and more distant relatives.

Other options we'll walk you through

Year's Support

A surviving spouse and minor children can ask the court to set aside property for their support for one year, ahead of most creditors. The petition must be filed within 24 months of the death.

No Administration Necessary

When an estate has no outstanding debts and the heirs agree on how to divide it, the court may approve the division without a full administration.

Assets outside probate

Life insurance and retirement accounts with named beneficiaries, joint accounts with survivorship, and payable-on-death accounts usually pass directly, without probate.

The attorney who drafts your plan also answers your calls. No hand-offs.
Wendeline Shea Batten, attorney at Batten Law
Your Attorney

Wendeline Shea Batten

Wendeline founded Batten Law to give Georgia families a steady, compassionate advocate through estate planning and probate. Having lost her own father in 2021, she knows firsthand what grief asks of a family, and she handles the legal work so her clients can focus on healing with the people they love.

Admitted
  • State Bar of Georgia, 2015
  • U.S. District Court, Middle District of Georgia
Education
  • J.D., Elon University School of Law
  • B.A., North Carolina State University
Memberships
  • State Bar of Georgia
  • Fiduciary Law Section
Get Started

Book your free consultation.

Call or email to set a time. Consultations are available by phone, by video, or in person, and we'll give you clear pricing for your estate plan before any work begins.

Mail1909 US Hwy 82 W., Ste 9, PMB 315
Tifton, Georgia