Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
In Georgia, if a person dies without a valid will, you must apply for letters of administration to legally manage and distribute their estate. The probate process is governed by O.C.G.A. § 53-2-1 and related statutes.
1. Determine Eligibility
The court grants letters of administration to a surviving spouse, child, parent, or other heir. Under O.C.G.A. § 53-2-20, the priority order is:
- Surviving spouse
- Children or their descendants
- Parents
- Other relatives
2. Collect Required Information
You will need the decedent’s full name, date of death, last known address, and a complete list of heirs with their relationships and contact information.
3. Complete AOC Forms
The Georgia Administrative Office of the Courts (AOC) provides standardized probate forms. For letters of administration, you typically need:
- AOC-PRO-101: Petition for Letters of Administration
- AOC-PRO-102: Citation and Notice of Hearing
- AOC-PRO-103: Family History Form (Heirship Information)
- AOC-PRO-104: Oath of Administrator
- AOC-PRO-105: Letters of Administration (Official Document)
- AOC-PRO-106: Inventory and Appraisement
These forms are available on the AOC website or directly from the probate court clerk’s office.
4. File the Petition
File your completed forms at the probate court in the county where the decedent lived. Pay the required filing fee. Under O.C.G.A. § 53-2-10, the clerk will issue a citation notifying interested parties of the hearing date.
5. Serve Notice
Serve the citation and petition on heirs and interested parties at least 10 days before the hearing, per O.C.G.A. § 53-2-10. Proof of service must be filed with the court.
6. Attend the Probate Hearing
At the hearing, the judge confirms eligibility and reviews the petition. If approved, the judge signs the Letters of Administration and you take the Oath of Administrator (O.C.G.A. § 53-2-14).
7. Record and Act
File the signed Letters of Administration with the clerk. Use these letters to manage bank accounts, sell property, and settle debts. Within 12 months (or as ordered), submit an inventory and account under O.C.G.A. § 53-12-200.
Helpful Hints
- Verify form numbers and local filing fees with your county probate clerk before filing.
- Double-check the list of heirs—omitting a rightful heir can delay your petition.
- Consider a preliminary conference with the probate clerk to confirm process steps.
- Keep copies of all filed documents and proof of service for your records.
- If the estate has real property or complex assets, discuss hiring a probate attorney for guidance.