Detailed Answer
When someone dies in Georgia, the court appoints a personal representative (sometimes called an executor) to manage the estate through probate. Georgia law requires the personal representative to share specific information with heirs and beneficiaries at defined stages. These duties ensure transparency and give heirs an opportunity to protect their rights.
1. Notice of Administration
Within 10 days of qualifying, the personal representative must mail or deliver a written notice of administration to all heirs and named beneficiaries. See O.C.G.A. § 53-6-80. This notice:
- Identifies the decedent.
- Explains the probate proceeding.
- Outlines deadlines to contest the will or file claims.
2. Inventory and Appraisal
Within 90 days after qualification, the personal representative must file an inventory listing all estate assets and their value, then serve a copy on all interested persons (heirs and beneficiaries). See O.C.G.A. § 53-7-31. This inventory:
- Includes real property, personal property, bank accounts and investments.
- Helps heirs verify that the estate’s assets match the decedent’s records.
3. Periodic and Final Accountings
The representative must file an annual account detailing all receipts, disbursements and remaining balances, and serve it on heirs and beneficiaries. See O.C.G.A. § 53-7-41. At the end of probate, the representative must file a final accounting and petition for distribution under O.C.G.A. § 53-7-51. This filing:
- Summarizes all financial activity.
- Lists debts paid and tax obligations.
- Identifies remaining assets ready for distribution.
4. Notice of Proposed Distribution
Before distributing assets, the representative must notify heirs of the proposed plan and give them an opportunity to object. The court then reviews and approves distribution. Heirs can attend the hearing or submit written objections.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Helpful Hints
- Keep copies of all notices and accountings you receive.
- Note statutory deadlines to contest wills or file claims.
- Ask the personal representative for clarification in writing.
- Review the inventory carefully for missing or undervalued assets.
- Consult a probate attorney if you suspect mismanagement.