Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies in Georgia, preparing for estate administration begins long before you file paperwork in probate court. Gathering essential documents and certificates up front prevents delays and ensures you meet the requirements of the Georgia Probate Code. Below is a detailed checklist of items you should collect:
1. Certified Death Certificate
Order multiple certified copies from the county vital records office where the decedent died. Probate courts in Georgia require a certified death certificate to file a petition for letters testamentary or letters of administration (O.C.G.A. Title 53, Chapter 2).
2. Original Will and Codicils
Locate the decedent’s original will, including all codicils or amendments. The probate court must have the original document to issue letters testamentary or letters of administration if the decedent died intestate.
3. Personal and Family Information
- Decedent’s full name, date of birth, Social Security number and last residential address
- Names and contact details for heirs, beneficiaries, and next of kin
- Spouse’s and children’s names and Social Security numbers (if known)
4. Asset Documentation
- Real estate deeds and mortgage statements
- Vehicle titles and registration
- Bank and investment account statements
- Stock and bond certificates
- Safe deposit box information and key
- Trust agreements, if the decedent had a living trust
5. Beneficiary Designations
Obtain policy documents and account statements showing named beneficiaries for:
- Life insurance policies
- IRAs, 401(k)s and other retirement plans
- Pay-on-death (POD) and transfer-on-death (TOD) accounts
6. Business Records (if applicable)
- Articles of incorporation or organization
- Partnership or shareholder agreements
- Recent profit and loss statements
7. Debt and Expense Information
- Credit card statements and loan agreements
- Outstanding utility bills and medical invoices
- Funeral home contract
8. Recent Tax Returns
Gather federal and state income tax returns for the last two to three years. These help identify undisclosed assets and liabilities.
9. Additional Certificates and Forms
- Certificate of Appointment of Personal Representative (Letters Testamentary or Letters of Administration) – filed with the court after probate begins
- Small Estate Affidavit (O.C.G.A. § 53-2-80) if the estate qualifies for summary administration (O.C.G.A. § 53-2-80)
- Bond or waiver of bond, if required by the court (O.C.G.A. § 53-2-30)
Once you have these documents in hand, you or your attorney can complete the probate petition and submit it to the appropriate Georgia probate court. Having a thorough file reduces back-and-forth requests and accelerates the appointment of a personal representative.
Helpful Hints
- Order at least five certified death certificates; courts, banks, and other entities each require originals.
- Keep a master spreadsheet listing all assets, their locations and approximate values.
- Store originals in a safe, secure location and work from certified copies.
- Ask banks and financial institutions about their specific probate procedures.
- Review decedent’s mailbox regularly for bills, statements and notices.
- Consult a probate attorney early if the estate has complex assets or disputes.
- File for a tax identification number (EIN) for the estate if required by the IRS.