what is Georgia Probate?
Probate is a public, court-supervised process used to authenticate a will, gather assets, file taxes, pay any outstanding legitimate debts, and make distributions to the beneficiaries named in the will. The probate process begins after death in Georgia. At this time, if there is a will, the Executor named in the will begins the probate process. If there is no will, the heirs at law of the deceased person either must agree on an Administrator to serve as the representative of the estate or if they cannot agree, the Probate Court will appoint a representative. If someone dies without a will, their assets pass according to the laws of intestacy as determined by the State of Georgia.
The more modern terminology for an Executor or Administrator of an estate is sometimes referred to as the “Personal Representative” of the estate. During the process of probate or an administration, all heirs at law of the deceased person must be notified of the petitions filed in the court often through legal service from the court.
The probate of a will or a petition for administration can be complicated, with many critical legal steps that must be followed. There are legal requirements for the service of notice and court hearings in the various phases of the probate process. We are here to assist you with every phase of the probate process. If the deceased had a will, we can assist you with the preparation of the necessary petition to the court to probate their Last Will and Testament. If your loved one died without a will, we can help you with the preparation and filing of a Petition for Letters of Administration so that you may begin the process of collecting the deceased assets, paying bills, and making distributions to beneficiaries.
The probate process can be complicated.
At Middle Georgia Estate Planning, we are here to help guide you through the process with empathy and respect.
what do I do after the estate is opened?
Once a Personal Representative has been named (typically either an Executor or Administrator) and sworn in by the court, the Personal Representative must notify the deceased's creditors of the death, advising them of the time limits for submission of their claims. The Personal Representative must decide which debts must be paid and which need not be, contesting debts that they believe are not legitimate and paying those debts that have been determined to be legitimate. A creditor’s notice, which is required by the laws of Georgia, should be delivered to the legal organ of the county in which the deceased person was a resident or where the probate action occurred, depending upon jurisdictional requirements. This legal notice serves notice to all creditors that the Personal Representative has been appointed and qualified as Executor or Administrator and that they should send all bills to that individual. Likewise, by the ad, anyone indebted to the estate is notified to render payment to the estate by sending the payment to the personal representative.
Also, during the first few weeks and months of the estate being opened, the Personal Representative should take inventory of the estate assets, (e.g., real estate, business interests, bank accounts, retirement accounts, stocks and bonds, and personal effects) and take steps to secure all assets.
Once the liabilities and debts of the estate have been evaluated and settled and the remaining assets have been distributed to the heirs or the beneficiaries as required by law, the Personal Representative may be required to submit receipts and records or an accounting to the court. At that time, the Personal Representative will ask the court to close the estate and release the individual from the role of Executor or Administrator.
do you need a probate lawyer in Georgia?
While you can file the various petitions and legal notices needed to open an estate in Georgia yourself, it is not advisable without the proper legal knowledge of the requirements of what you are filing. It is important to find an experienced probate lawyer, like our attorney at Middle Georgia Estate Planning, to help you with all the various estate administration phases. We aim to assist you with empathy and respect during the probate and estate administration process. We will be here to answer any question you may have every step of the way and will work with you to settle the estate as efficiently and expeditiously as possible. Contact us if you need help getting started at 478-272-2885.