Many are curious about the process and procedures for settling and/or administrating an estate when an individual dies intestate. This article was written to given insight into the Georgia probate court process as well as some helpful information for navigating probate courts here in GA.
First, what is the goal of Georgia Probate Courts and why is it necessary?
Georgia's probate court procedure is a formal process for administering a decedent's estate. The goal of probate is to make sure that the deceased's assets are divided in accordance with their wishes, as stated in their will (if they had one), or in the absence of a will, in accordance with Georgia state law.
Let’s break down the Probate Court procedure, here is a summary of Georgia's probate court procedure:
1.Filing a petition: A petition must be submitted to the probate court in the county where the deceased person resided in order to start the probate procedure. Any interested party, including the personal representative of the estate (also known as the executor or administrator), or by any interested party, including a creditor or beneficiary.
2. Designation of a personal representative: In the event that the decedent left a will, the probate court will name the person specified as the personal representative. The court will appoint an administrator to handle the estate if the decedent has no will or if the named personal representative is incapable or unable to carry out their duties.
3. Notifying interested parties: Once a personal representative has been chosen, they are in charge of notifying all parties who may be affected, including heirs who might not be mentioned in the will, creditors, and beneficiaries.
4. Gathering and listing assets: The personal representative is in charge of gathering and listing all of the decedent's assets, including any property, including personal property, investments, and bank accounts.
5. Paying bills and taxes: The estate's personal representative is responsible for paying any unpaid debts and taxes.
6. Asset distribution: After all obligations and taxes have been settled, the estate's remaining assets will be given to the beneficiaries in accordance with the terms of the will or applicable state legislation.
If you are involved in a probate case in Georgia, it is a good idea to speak with an attorney because the probate procedure can be difficult and time-consuming. The Law Office of L.M. Otey, LLC., can aid you in navigating the legal system and in understanding your rights and obligations. Contact us today and schedule a consultation with our trusted legal team!