Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney to address specific situations.
Detailed Answer
When someone dies without an existing probate case in Georgia, you must open an estate administration to collect assets, pay debts, and distribute property. Georgia law (OCGA Title 53, Chapter 3) lays out each step.
- Gather Essential Documents. Obtain the decedent’s death certificate, any original will, a list of assets (real property, bank accounts, personal items), and contact information for potential heirs and creditors.
- Determine the Administration Type. If the estate’s personal property (not including real estate) is valued under $10,000 and there is no real property, you may qualify for summary administration under OCGA 753-2-1_§ 53-2-1 and OCGA 753-2-21_§ 53-2-21. Otherwise, pursue formal or informal administration under OCGA 753-3-20_§ 53-3-20.
- File a Petition for Administration. Submit a petition in the superior court of the county where the decedent resided. Include the death certificate, the will (if any), names and addresses of heirs, and a statement of assets. The petition form and filing requirements vary by county clerk’s office.
- Serve Notice to Interested Parties. Under OCGA 753-3-250_§ 53-3-250 and OCGA 753-3-251, you must mail notice to heirs, legatees, and creditors and publish notice in a local newspaper. This gives creditors an opportunity to file claims.
- Receive Letters of Administration. After verifying notice, the court appoints a personal representative (administrator or executor) and issues letters of administration. These letters grant authority to act on behalf of the estate.
- Inventory and Appraisement. Within 90 days of appointment, file an inventory detailing all probate assets and their values under OCGA 753-12-220_§ 53-12-220. This protects the estate against hidden or undervalued assets.
- Pay Debts, Taxes, and Expenses. Use estate funds to pay funeral costs, taxes, administrative fees, and valid creditor claims. Georgia law prioritizes certain debts (e.g., funeral expenses) over others.
- Account to the Court and Distribute Assets. In formal administrations, file a final accounting outlining all receipts and disbursements. After court approval, distribute remaining assets to beneficiaries under the will or Georgia’s intestacy rules (OCGA 753-2-1_§ 53-2-1). In informal administrations, beneficiaries may waive formal accounting and proceed directly to distribution.
Helpful Hints
- Start early: request multiple certified death certificates to satisfy banks, courts, and government agencies.
- Keep organized records of all filings, mailings, receipts, and court orders.
- Consult your county probate court’s website for local forms and fee schedules.
- Use certified mail with return receipt for all creditor and heir notices.
- Track deadlines closely—missing the 90-day inventory deadline can expose you to personal liability.
- Consider hiring a probate attorney if the estate is complex or contested.