1. Does the estate need to be opened before you pursue a Camp Lejeune claim?

In many cases, yes. If the Camp Lejeune claim belonged to your spouse at the time of death, the claim becomes part of the decedent’s estate. To bring or settle that claim you generally need authority from the probate court — either as the named executor in a will or as the court-appointed administrator if there is no valid will. If you were the surviving spouse and the claim is a personal right that survived to you under Georgia law, the situation can be different. Because the Camp Lejeune claims are federal tort actions created by federal law, it’s common for claimants to require formal authority (Letters) to represent the estate in litigation.

2. Where do you file? Which court has jurisdiction?

File for probate in the probate court of the county where your spouse was domiciled (lived) at death. Georgia’s probate courts control administration of wills and estates. The Georgia Courts website explains local probate court roles: https://georgiacourts.gov/probate/. For statutory text and rules governing wills and estate administration, see the Georgia General Assembly site: https://www.legis.ga.gov/.

3. Typical step-by-step process (Georgia)

1. Gather documents: death certificate, original will (if any), marriage certificate, list of assets and their locations (banks, real property, vehicles), account numbers, and any documentation of the Camp Lejeune exposure claim or related medical records.
2. Decide what type of probate to open:
   • Formal administration: Used when assets are significant, there are creditors, or disputes are likely. Court supervises process, and the court issues Letters Testamentary (if there’s a will) or Letters of Administration (if intestate).
   • Summary or simplified procedures / small estate options: Georgia law may allow simplified transfer of certain small estates without full formal administration. Whether you qualify depends on the estate value and the specific assets. The probate court can confirm if small estate procedures apply.
3. File a petition with the probate court: The petition asks the court to open the estate and appoint a personal representative. Filing forms and fees vary by county. The court will set a hearing or enter orders depending on local procedures.
4. Notice and bond: The court may require publication or notice to heirs and may require a bond for the personal representative (sometimes waived by will or court). Georgia probate courts handle notices to creditors and heirs.
5. Receive Letters: Once appointed, the court issues Letters of Administration or Letters Testamentary. These are the documents most institutions and opposing parties will want to see before you can settle claims or access accounts.
6. Protect and inventory assets: As personal representative you must identify and safeguard estate property, file an inventory, and follow Georgia rules about administration.
7. Evaluate and pursue the Camp Lejeune claim: With Letters in hand you (or your attorney) can prosecute the Camp Lejeune claim on behalf of the estate, settle it, or distribute proceeds according to the will or Georgia intestacy rules.

4. Common documents you’ll need to open probate

• Certified death certificate
• Original will (if any) and any codicils
• Marriage certificate
• List of assets and estimated values (bank accounts, real estate deeds, vehicle titles, retirement accounts)
• Account statements and property deeds
• Contact information for heirs and possible creditors

5. Timing — how long does this take?

Times vary. Simple small-estate procedures can be resolved in weeks. Formal administrations can take months to years, depending on asset complexity and creditor claims. Given federal filing windows and statute of limitations issues related to Camp Lejeune claims, start the process promptly and consult an attorney experienced with Camp Lejeune litigation.

6. Who should bring the Camp Lejeune claim — you personally or the estate?

That depends on facts: whether the claim belonged to the decedent, whether the decedent’s injuries caused death, and how Georgia law treats survival and wrongful-death claims. Often:

• If the claim belonged to the decedent at death (a survival action), the estate (through the personal representative) must pursue it.
• If family members have a separate wrongful-death claim created by state or federal law, those claims may be prosecuted by the appropriate personal representative or by statutory beneficiaries.

Because Camp Lejeune claims rest on federal law (the Camp Lejeune Justice Act and related statutes), counsel who handles these claims will advise whether you need Letters to file or whether you have individual standing as a surviving spouse. Do not assume you can proceed without probate authority.

7. Costs and fees

Expect court filing fees, possible bond fees, and attorney fees. Many Camp Lejeune lawyers work on contingency for the exposure claims (they are paid a percentage of recovery), but you may still want a Georgia probate attorney for the estate administration portion. Some attorneys can handle both probate and the Camp Lejeune claim; others coordinate with local probate counsel.

8. Practical tips and common pitfalls

• Start by calling the probate court clerk in the county of the decedent’s residence — clerks can explain local forms and filing steps. (Find local probate court info via Georgia Courts – Probate.)
• Get certified copies of the death certificate early — many institutions require them.
• If the estate is small and the only significant asset is the Camp Lejeune claim, ask whether small-estate procedures apply. That can speed access to authority to pursue the claim.
• Preserve medical records and service records showing exposure, as these will be critical for a Camp Lejeune claim.
• Ask potential Camp Lejeune attorneys what probate authority they require to proceed; some will help you get Letters as part of their representation.
• Be mindful of deadlines: federal causes of action and administrative windows may limit when you can file — act promptly.

9. Where to get help

• Contact your county probate court clerk for forms and local rules: https://georgiacourts.gov/probate/
• Review Georgia laws and statutes on the General Assembly website: https://www.legis.ga.gov/
• Consult an attorney experienced in Georgia probate and in Camp Lejeune claims — many firms offer free consultations for Camp Lejeune matters.

Helpful Hints

• Obtain multiple certified death certificates (creditors and court will need them).
• Identify whether there is a will — that often speeds the appointment process.
• If you are named executor in a will, bring the original will to the probate filing.
• Keep a written inventory and back-up copies of all documents filed with the court.
• Ask about expedited or summary procedures if the estate’s value is small.
• Preserve all medical and military service records related to exposure at Camp Lejeune — they are essential to any federal claim.
• Document communications and timelines; deadlines can be strict for federal claims.