Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Georgia, the appointed personal representative must notify creditors and process claims under state law. Below are the key steps:
1. Appoint a Personal Representative
The probate court appoints an executor or administrator to manage the estate. See O.C.G.A. § 53-3-1 (link).
2. Mail Notice to Known Creditors
Within 30 days of appointment, mail each known creditor a written notice. Include the decedent’s name, date of death, estate file number, estate address, and the deadline for filing claims. (O.C.G.A. § 53-7-12(a): link.)
3. Publish Notice for Unknown Creditors
Publish the same notice once a week for two consecutive weeks in the county’s official legal newspaper. This informs creditors unknown to the estate. (O.C.G.A. § 53-7-12(b): link.)
4. Observe the Claims Period
Creditors have four months from the date of first publication to present their claims. Claims filed after this deadline generally face disallowance. (O.C.G.A. § 53-7-12(c): same link.)
5. Review, Allow, or Disallow Claims
Within two months after the four-month claim period ends, the personal representative must allow or reject each claim in writing. If a claim is disallowed, the creditor can petition the court to override the decision. (O.C.G.A. § 53-7-22: link.)
6. Pay Valid Claims
Estate assets fund allowed claims in this order of priority: administrative costs, funeral and burial expenses, taxes, secured debts, and general unsecured debts. (O.C.G.A. § 53-7-52: link.)
7. Final Accounting and Distribution
After all claims clear, the personal representative files a final accounting with the probate court, petitions for distribution of remaining assets to beneficiaries, and requests estate closure.
Helpful Hints
- Use certified mail for known creditors to track delivery.
- Keep copies of all mailed notices, publication affidavits, and claim responses.
- Check your local probate court’s rules for publication deadlines and required newspapers.
- Prioritize claims payment according to the statutory order to avoid disputes.
- Contact an attorney promptly if a creditor files a contested claim.