What Documentation Is Required to Apply for Letters of Administration in Georgia?
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 […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in GA?
Detailed Answer This article explains what you need to request estate files from a county probate division in Georgia. This information helps you find and review probate court records such as wills, inventories, letters of administration, and final accounting. Please note: this is general information, not legal advice. 1. Identify the Correct Probate Court Probate […]
Read article →How to Locate and Identify Assets Held in Different Counties or States in GA
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Locating and identifying assets held in different counties or states under Georgia law ensures fair division in divorce, proper estate administration, and effective debt collection. Follow these steps to uncover real estate, personal property, business interests, financial accounts and […]
Read article →What steps are needed to include real property in an estate in Georgia?
Steps to Include Real Property in a Georgia Estate Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Including real property in a decedent’s estate in Georgia typically requires probate administration unless the property passes outside probate by operation of law. Verify Ownership and Title Transfers Review the […]
Read article →What Steps Are Required to Transfer an Out-of-State Property Interest in Georgia When All Heirs Agree and Formal Ancillary Probate May Not Be Needed?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a Georgia resident dies owning real estate in another state, you may avoid a full ancillary probate if all heirs agree and the out-of-state property qualifies under that jurisdiction’s small-estate or heirship affidavit rules. Follow these core steps: […]
Read article →How Can I Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Georgia?
Detailed Answer Under Georgia law, a person with a legal interest in an estate—such as a personal representative, heir, or creditor—can obtain a court-ordered subpoena to gather estate records. Georgia follows the Civil Practice Act for subpoenas (O.C.G.A. § 9-11-45) and sets specific rules for probate proceedings (O.C.G.A. § 53-6-33). Confirm Standing. Verify you qualify […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in Georgia?
Detailed Answer Under Georgia law, individual heirs cannot directly distribute sale proceeds of estate real property without first qualifying as a personal representative and obtaining court authorization. The key steps and forms include: Petition for Letters of Administration (O.C.G.A. § 53-6-20): If the decedent died intestate (without a will), you must petition the probate court […]
Read article →How to Distinguish a Deceased Person’s Estate Assets from a Relative’s Corporate Assets in Georgia
How to Distinguish Estate Assets from Corporate Assets in Georgia Detailed Answer When someone dies in Georgia, all assets they owned in their individual name pass into their probate estate. Assets titled to a corporation remain corporate property. To distinguish between the two, follow these steps under Georgia law. 1. Review Title and Ownership Documents […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs? Detailed Answer In Georgia probate, an executor or administrator often must convert personal property into cash to pay estate expenses and ensure each heir receives an equal share. Georgia law grants several sale methods under the Official […]
Read article →Who Is Eligible to Receive Surplus Proceeds When Property Was Solely in the Deceased Spouse's Name in Georgia?
Detailed Answer Understanding Surplus Proceeds In Georgia, surplus proceeds arise when a foreclosure or tax sale of real property produces funds exceeding the outstanding debt, interest, and sale costs. The clerk of superior court holds these funds until a valid claimant applies. (See O.C.G.A. § 44-14-462) Eligible Claimants When Property Was in the Deceased Spouse’s […]
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