Disclaimer: This article is for educational purposes and not legal advice. Always consult a qualified attorney for guidance.
Detailed Answer
When a loved one passes away in Georgia, the personal representative handles the estate’s expenses and bills through the probate process. Below are the key steps under O.C.G.A. Title 53, Chapter 7:
1. Appointment of a Personal Representative
The court appoints a personal representative (formerly executor or administrator). The representative must file an oath and bond as required by O.C.G.A. §53-3-130 and comply with court orders.
2. Inventory and Valuation of Assets
Within 90 days of appointment, the personal representative must file an inventory of the decedent’s assets with the probate court under O.C.G.A. §53-7-60. This inventory guides expense planning.
3. Notifying Creditors
The representative publishes a notice to creditors per O.C.G.A. §53-7-22 (https://codes.findlaw.com/ga/title-53-probate/ga-code-sect-53-7-22.html). Creditors then have a limited time to file claims against the estate.
4. Opening an Estate Bank Account
The personal representative opens a dedicated estate bank account. All estate income, sales proceeds, and payment of bills pass through this account to maintain clear records.
5. Paying Ongoing Bills and Funeral Expenses
Estate funds cover reasonable funeral costs, taxes, and ongoing bills (mortgage, utilities, insurance). The representative may use O.C.G.A. §53-7-62 (https://codes.findlaw.com/ga/title-53-probate/ga-code-sect-53-7-62.html) for administrative expenses.
6. Handling Creditor Claims
After the claims period, the representative reviews and pays valid bills. Disputed claims may require court approval. Always document approvals and payments.
7. Final Accounting and Distribution
The representative submits a final accounting to the court detailing all receipts and disbursements. After court approval, remaining assets distribute to beneficiaries under O.C.G.A. §53-7-160.
Helpful Hints
- Start the probate process quickly to meet deadlines.
- Maintain detailed records of all transactions.
- Communicate regularly with beneficiaries.
- Consult accountants for tax filings.
- Seek court approval before large or unusual expenses.