Detailed answer: step-by-step process under Georgia law

When a decedent’s taxes, valid creditor claims, and estate administration expenses are paid, the personal representative (executor or administrator) follows a formal process to distribute the remaining estate funds (the “residue”) to the decedent’s children. The exact steps depend on whether there is a valid will (testate estate) or no will (intestate estate). In Georgia, estate administration and intestate succession rules are in Title 53 of the Official Code of Georgia Annotated (O.C.G.A.). See the Georgia Code for details: https://www.legis.ga.gov/legislation/ocga/53.

1. Identify beneficiaries and confirm the estate plan (will vs. no will)

• If there is a will, the personal representative must follow the will’s distribution instructions, subject to payment of debts and administration costs.
• If there is no will, Georgia’s intestacy rules apply and typically the decedent’s children inherit. The personal representative should check the applicable intestacy rules in O.C.G.A. Title 53 (intestate succession) to determine shares and whether distribution is per stirpes (by branch) or per capita (by person) in the specific circumstances: https://www.legis.ga.gov/legislation/ocga/53.

2. Prepare a final accounting and resolve any outstanding items

Before distribution, the personal representative prepares a final account showing all receipts, disbursements, taxes paid, creditor claims satisfied, administration expenses, and the net estate balance. The representative should:

• Confirm federal estate tax requirements and file required returns (IRS Form 706, if applicable). Georgia has no state estate tax, but confirm current law and filing obligations for large estates (IRS: https://www.irs.gov/).
• File the estate’s income tax returns (Form 1041) for any taxable years during administration and final income tax returns for the decedent.
• Obtain receipts from paid creditors and any necessary tax clearance or proof of tax filings before distributing funds when appropriate.

3. File a petition for final distribution or request court approval

In most Georgia probate matters the personal representative submits a final accounting and a petition (or motion) asking the probate court to approve the account and enter an order authorizing distribution of the remaining funds. The court’s approval protects the personal representative by closing the estate and discharging the representative’s duties. The probate court may require notice to beneficiaries and interested parties and may set a hearing. Check local probate court procedures or visit Georgia Courts (https://www.georgiacourts.gov/) for forms and process details.

4. Determining each child’s share

• If the will specifies shares, the estate is distributed according to those terms (subject to valid challenges to the will).
• If there is no will, Georgia’s intestacy rules govern distribution among children. Typically, surviving children take the estate in equal shares. If a child predeceased the decedent, that child’s descendants usually inherit by representation (the deceased child’s line takes that child’s share).
• Be mindful of rights of a surviving spouse: if the decedent is survived by a spouse and children, the spouse may be entitled to a statutory share under Georgia law. Confirm how a spouse’s rights affect the children’s shares (see Title 53 O.C.G.A.): https://www.legis.ga.gov/legislation/ocga/53.

5. Special situations affecting distribution

• Minor beneficiaries: funds payable to minors often must be placed into a conservatorship, guardianship, or custodial account (Uniform Transfers to Minors Act or court-ordered guardianship), or paid to a custodian under a custodial statute until the minor reaches legal age.
• Disclaimed inheritance: a child who formally disclaims (refuses) an inheritance affects distribution as if that child predeceased the decedent; look to Georgia law on disclaimers for formal requirements.
• Creditors or unresolved claims: do not distribute funds while valid claims or tax liabilities remain open. Distribution before payment of valid claims can expose the personal representative to personal liability.
• Contested will or claims: if beneficiaries or creditors file objections, distribution is delayed until disputes are resolved by settlement or court order.

6. Make distributions and obtain receipts/releases

After court approval (or after the admin period if the estate is being closed without hearing where allowed), the personal representative issues checks or transfers funds to each child according to the approved plan. The representative should obtain signed receipts or releases from beneficiaries acknowledging payment and discharge of the estate’s claim against the property distributed. These receipts protect the representative when seeking to be discharged by the court.

7. Close the estate

File a final report and petition for discharge of the personal representative with the probate court. The court will review the accounting and, if satisfied, issue an order closing the estate and discharging the representative from further liability. Keep complete records indefinitely in case of later tax audits or disputes.

Key Georgia resources

• Title 53, O.C.G.A. (Wills, Trusts, & Estates): https://www.legis.ga.gov/legislation/ocga/53
• Georgia Courts – general probate and local court information: https://www.georgiacourts.gov/
• IRS – federal estate and income tax information: https://www.irs.gov/

Helpful Hints

1. Hire a Georgia probate attorney for guidance — probate practice varies by county and mistakes can create personal liability for the personal representative.
2. Keep detailed records. Track every receipt, invoice, tax return, creditor payment, and distribution — the court and beneficiaries will want documentation.
3. Confirm whether the estate must file a federal estate tax return (Form 706) — large estates may trigger filing even if no tax is due.
4. Don’t distribute until the creditor notice period and any required waiting periods have passed or until the court approves distribution.
5. If a beneficiary is a minor or incapacitated, plan for custodial accounts, guardianship, or trust distributions instead of direct cash payments.
6. Obtain signed receipts/releases from each beneficiary when you distribute funds and file a final accounting with the probate court to seek discharge.
7. If a beneficiary contests the will or distribution, expect delays and additional legal costs. Consider mediation where appropriate.
8. Check for assets outside probate (life insurance, retirement accounts, payable-on-death accounts) — those pass outside probate and should not be included in the probate distribution.