How are real property and personal assets identified, inventoried, and distributed under intestacy law in Georgia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Understanding Intestate Succession in Georgia When someone dies without a valid will in Georgia, the court follows intestacy laws under the Official Code of Georgia Annotated (O.C.G.A.) to identify, inventory, and distribute both real property (land and buildings) and personal assets […]
Read article →Georgia Options to Secure Missing Estate Documents from Uncooperative Institutions
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney licensed in Georgia for guidance on your specific situation. 1. Initial Investigation Before invoking court power, exhaust all informal methods: Review the decedent’s personal files, email accounts, and home safe. Contact family members, financial […]
Read article →What Type of Deed Should Heirs Sign to Convey Their Interests in Property in Another State, and How Is It Recorded Under Georgia Law?
Detailed Answer When a decedent owns real estate outside Georgia, heirs must follow that jurisdiction’s conveyancing rules while satisfying Georgia’s fiduciary requirements. Under Georgia law, any conveyance by a personal representative uses a Personal Representative’s Deed in short form. See O.C.G.A. § 44-2-3 (Georgia Code § 44-2-3). If heirs hold title by intestate succession and […]
Read article →How can an heir verify that creditor notice requirements were satisfied in the original estate to rely on Georgia's two-year rule?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Georgia’s two-year rule for estate creditor claims is established by O.C.G.A. § 53-7-80. It provides that any creditor who fails to file a valid claim within two years after letters testamentary or of administration have been granted is permanently barred […]
Read article →Should a Personal Representative Open an Estate Account to Handle the Money of the Estate in GA?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer In Georgia, a personal representative (also called an executor or administrator) has a fiduciary duty to collect, protect and distribute estate assets according to the will and state law. While […]
Read article →What steps are needed to bring real property into the estate in order to pay claims of the estate? (GA)
Detailed Answer When a decedent owns real property in Georgia and the estate lacks sufficient liquid assets, you must include (or “bring in”) that real property into the probate estate before you can use its value to pay estate claims. Below are the key steps under Georgia law: Determine Ownership and Probate Requirement. Confirm that […]
Read article →Can I seek reimbursement from the estate for paying the funeral bill in Georgia?
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a licensed Georgia attorney for guidance on your specific situation. Detailed Answer Under Georgia law, a decedent’s funeral expenses qualify as an administrative expense of the estate. If you paid for the funeral, you can seek reimbursement from the estate by […]
Read article →How Can an Administrator Verify That the Payment Fully Satisfied the Outstanding Vehicle Loan in Georgia?
Detailed Answer When an administrator needs to confirm that a vehicle loan has been fully paid under Georgia law, it involves obtaining specific documents and checking official records. Below are the key steps. 1. Request a Payoff Statement from the Lender Contact the lender or secured party and request a written payoff statement. This document […]
Read article →How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in GA?
Detailed Answer Under Georgia law, a surviving spouse may claim a family allowance to cover basic living expenses during probate. See O.C.G.A. § 53-1-1. To qualify, you must prove you were legally married to the decedent at the time of death. An incomplete or missing marriage certificate can complicate this process but does not automatically […]
Read article →How Can a Client Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Georgia?
Detailed Answer In Georgia, when a person dies without a will or the named executor fails to qualify, the probate court appoints an administrator under O.C.G.A. § 53-2-31 (Petition for Letters) and O.C.G.A. § 53-2-33 (Appointment of Administrator). The court must follow a strict list of priority: Surviving spouse (if no minor child of the […]
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