Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
As an executor in Georgia, you must collect and organize key documents before responding to a creditor’s settlement demand. Proper documentation helps you verify the claim’s validity, determine estate assets, and comply with Georgia’s probate statutes.
Essential Estate Documents
- Letters Testamentary or Letters of Administration: Official court order appointing you as personal representative.
- Death Certificate: Certified copy to confirm the decedent’s passing.
- Last Will and Testament: The decedent’s will, if available.
- Estate Inventory and Appraisal: Detailed asset list with valuations submitted to probate court.
Creditor-Related Documentation
- Notice of Probate Administration: Proof of published or mailed notice to creditors under O.C.G.A. § 53-12-250.
- Proof of Service: Affidavits showing you gave or published notice to creditors.
- Creditor’s Claim Form and Supporting Records: Original demand letter, invoices, contracts, account statements, or judgments.
- Communication Logs: Emails, letters, or phone-call notes confirming the claim details and amounts.
- Estate Bank Statements: Records showing available funds to pay valid claims.
Statutory Deadlines and Requirements
Georgia law requires creditors to present their claims within a specified period. Under O.C.G.A. § 53-7-12, a creditor generally has four months after notice to file a claim with the probate court. Claims not filed in time may be barred, but proper documentation ensures you track deadlines accurately.
Helpful Hints
- Maintain a clear, organized file for all estate documents and creditor communications.
- Verify the accuracy of creditor claims by cross-checking invoices and contracts.
- Consult the probate court clerk to confirm filing procedures and deadlines.
- Keep copies of every document you send or receive related to the estate.
- Consider negotiating payment terms with creditors if estate liquidity is limited.