Probate in Georgia | GA Legal Resources | FastCounsel

Mortgage and Utility Responsibility During Probate in Georgia

What happens to mortgage payments and utilities while an estate is in probate in Georgia? Short answer: During probate in Georgia, the estate (through the personal representative) is generally responsible for maintaining the decedent’s assets and paying necessary expenses — including mortgage payments, property insurance, property taxes, and utility bills — if estate funds or […]

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Georgia: How to Decide Which Assets to List on a Small Estate Affidavit

Detailed Answer Disclaimer: This is general information, not legal advice. I am not a lawyer. For legal advice about your situation, consult a Georgia probate attorney or the probate court in the county where the decedent lived. What a Georgia small estate affidavit is In Georgia, a small estate affidavit (sometimes called an affidavit to […]

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How to Open an Estate in Georgia for a Sibling Who Died Intestate

How to open an estate in Georgia for a sibling who died without a will Short answer: Under Georgia law, if your sibling died without a will (intestate), you generally must open a probate estate in the probate court of the county where your sibling lived to transfer title to their home, pay debts, and […]

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Georgia — Do I Need to Include Survivorship Assets (Passed to My Mother) on the Probate Inventory?

Do I have to list assets that passed by right of survivorship to my mother on the inventory? Short answer: Generally no. In Georgia, assets that pass immediately to a surviving owner by right of survivorship (for example, joint tenancy property titled with right of survivorship or certain beneficiary-designated accounts) typically pass outside probate and […]

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Georgia: Finding a Missing Parent as Next-of-Kin During Probate

Overview If you are named a next-of-kin and need to administer or participate in a probate matter in Georgia but cannot locate a parent, there are clear, court-recognized steps to find the person or to proceed when the person’s whereabouts are unknown. This article explains practical search steps, how Georgia courts treat missing persons in […]

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Georgia — How to Check Whether a Bank Account Falls Under the $20,000 Small‑Estate Limit

Detailed Answer Short answer: In Georgia you can use the small‑estate process to collect certain personal property of a deceased person when the total value of that property (net of liens and certain exclusions) does not exceed $20,000. To know whether a particular bank account falls under that $20,000 limit you must determine the account’s […]

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How to Use a Small Estate Affidavit in Georgia to Claim a Deceased Parent’s Bank Account

Detailed answer — Using a small‑estate affidavit in Georgia to collect a deceased person’s bank account When a person dies, banks and other institutions need lawful authority to release money to heirs or beneficiaries. In Georgia there is a simplified process that lets a close relative or other entitled person claim certain personal property without […]

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Georgia Guardianship: Does Appointment as Guardian of the Person Automatically Include the Guardian of the Estate?

Does a guardianship of the person automatically include the guardianship of the estate in Georgia? Short answer: No. In Georgia, being appointed guardian of the person does not automatically make you guardian of the estate. The court must separately appoint a guardian of the estate (sometimes called a conservator in other states), and the court’s […]

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Georgia — Do I Need to File a Federal Tax Return for an Estate When No Distributions Were Made?

Do you need to file a federal income tax return for an estate in Georgia when no distributions were made? Detailed Answer — how federal and Georgia rules apply Short answer: Possibly. Federal filing obligations for an estate (Form 1041) depend on the estate’s income and the residency of beneficiaries — not on whether the […]

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How to Transfer Brokerage Account Assets into an Estate Checking Account — Georgia

How to move brokerage account assets into an estate checking account under Georgia law Detailed answer This article explains, in plain language, how brokerage assets are moved into an estate checking account in Georgia. It assumes no legal knowledge. This is not legal advice. If the estate is complicated or contested, consult a Georgia probate […]

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