Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies without a valid will in Georgia, court-appointed administration is required to manage the estate. To apply for Letters of Administration in the Probate Court, you must file a petition and submit specific documentation. Below is a list of required items under O.C.G.A. §53-6-11 and related statutes.
1. Petition for Letters of Administration
Complete and sign the probate court’s standard Petition for Letters of Administration. This form outlines your relationship to the decedent and requests appointment as administrator.
2. Certified Death Certificate
Obtain a certified copy of the decedent’s death certificate from the county registrar or state vital records office. The court requires an official document showing the date and place of death.
3. Heirship Information
Provide a detailed list of all heirs at law, including their names, addresses, and relationships to the decedent. Identify and contact each potential heir as defined under O.C.G.A. §53-2-1.
4. Notice to Heirs and Creditors
Submit proof of mailing or personal service of notice to each heir and notice to creditors. Georgia law (O.C.G.A. §53-7-30) mandates publication of a notice to creditors in the county’s designated newspaper and service on known creditors.
5. Administrator’s Bond
Unless waived by all heirs or the will, file a surety bond. The amount is typically twice the estate’s value. Refer to O.C.G.A. §53-6-20 for bond requirements and O.C.G.A. §53-11-1 for exemptions.
6. Oath of Administrator
Take and file an oath before the probate judge or clerk, promising to faithfully execute your duties (O.C.G.A. §53-6-14).
7. Valid Identification
Present government-issued photo identification (e.g., driver’s license or passport) to verify your identity.
8. Applicable Court Filing Fees
Pay the required filing fee to the Probate Court. Fees vary by county; check the local probate court fee schedule.
Helpful Hints
- Check local probate court rules for specific form versions and deadlines.
- Obtain multiple certified death certificates to file with different agencies.
- Confirm bond amount with the probate clerk before obtaining surety.
- Serve notices promptly to avoid administration delays.
- Keep copies of all filed documents and receipts.
- Consult an attorney if estate assets exceed $100,000 or involve real property.