Detailed Answer
Disclaimer: This article is for educational purposes only. It does not constitute legal advice.
When a person dies in Georgia, a personal representative must oversee the probate process. This ensures the decedent’s assets become available, debts get paid, and heirs receive their shares according to the will or Georgia’s intestacy rules (O.C.G.A. § 53-2-1 et seq.).
1. Open Probate and Appoint a Personal Representative
An interested person files a petition in the superior court of the county where the decedent resided. The court issues letters testamentary or letters of administration upon appointment of the personal representative (O.C.G.A. § 53-2-40).
2. Locate and Secure Estate Assets
- Review bank statements, deeds, investment account records, insurance policies, and tax returns.
- Contact financial institutions, employers (for retirement accounts), and the Department of Driver Services (for vehicle records).
- Secure real property by maintaining insurance, changing locks, and safeguarding valuables.
3. Inventory and Appraise Assets
Within four months of appointment, the personal representative must file an inventory and appraisement with the clerk of superior court. This document lists every estate asset and its fair market value (O.C.G.A. § 53-7-42).
4. Give Notice to Creditors and Pay Debts
The representative must publish a notice to creditors in a local newspaper and may send direct written notices within four months of appointment. Creditors then have two years to file claims (O.C.G.A. § 53-7-11). The representative reviews, allows, and pays valid claims in the priority set by law (O.C.G.A. § 53-2-22).
5. File Final Accounting and Petition for Distribution
After debts, taxes, and expenses are paid, the representative prepares a final accounting showing all transactions. The representative then petitions the court to approve the accounting and distribute remaining assets (O.C.G.A. § 53-2-84).
6. Distribute Remaining Assets
Once the court approves final accounting and distribution, the representative transfers titles or delivers assets to beneficiaries or heirs. Distribution follows the will’s terms or, absent a will, Georgia’s intestacy statutes (O.C.G.A. § 53-2-1).
Helpful Hints
- Maintain detailed records of all communications, expenses, and transactions.
- Obtain multiple appraisals for high-value items like real estate or collectibles.
- Track and meet all probate deadlines: inventory, creditor notices, and filings.
- Consider consulting a probate attorney if disputes arise or the estate includes complex assets.
- Use the Georgia court system’s online forms and filing guides to streamline the process.