If Real Property Passes Automatically at Death vs. Why Must I Probate the Will? (GA)
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney for advice on your specific situation. Detailed Answer When someone dies in Georgia with a will, the will controls the distribution of assets that pass through probate. However, certain real property interests transfer automatically at death […]
Read article →What steps are involved in notifying creditors and handling claims after a death in GA?
Georgia Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Georgia, the appointed personal representative must notify creditors and process claims under state law. Below are the key steps: 1. Appoint a Personal Representative The probate court appoints an executor or administrator to manage […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate If the Death Certificate Is Not Available in Georgia?
Detailed Answer In Georgia, probate courts generally require a certified death certificate to open an estate. See O.C.G.A. § 53-4-6. If you cannot obtain a death certificate, you can apply for a delayed registration under O.C.G.A. § 31-10-22. This process requires a sworn statement from someone with direct knowledge of the decedent’s death and any […]
Read article →How do I prepare an heirship affidavit in Georgia?
Detailed Answer Under Georgia law, an affidavit of heirship (often called an heirship affidavit) lets surviving family members establish who inherits property when someone dies without a will. You can use this document to transfer real estate or other assets without formal probate. Below are the key steps to prepare, execute, and record an heirship […]
Read article →Can I Open an Estate and Become the Personal Representative in Georgia if I Am the Mother-in-Law?
Detailed Answer Under Georgia law, a personal representative (often called an administrator or executor) supervises the collection, management, and distribution of a decedent’s assets. You must petition the probate division of the superior court in the county where the decedent resided. The court follows the priority rules in O.C.G.A. § 53-2-10 (LexisNexis) when appointing a […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Georgia?
Detailed Answer Under Georgia’s intestate succession laws, heirs receive a fixed share of a decedent’s estate based on their relationship to the decedent. A surviving spouse, for example, automatically inherits one-half of the estate if there are no descendants, or one-third if there are descendants alongside other heirs. These rules are set out at O.C.G.A. […]
Read article →How Does an Executor Obtain an EIN for an Estate in Georgia?
Detailed Answer An Employer Identification Number (EIN) is a unique nine-digit number issued by the IRS to identify an estate for federal tax and administrative purposes. In Georgia, executors must obtain an EIN to file the estate’s federal tax returns, open estate bank accounts, and manage assets separately from personal funds. Georgia does not impose […]
Read article →What Is the Difference Between Common and Solemn Form Probate in Georgia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Georgia law does not use the terms “common form probate” or “solemn form probate.” Those labels come from North Carolina statutes ([N.C. Gen. Stat. § 28A-2-1](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-2-1.html)). Instead, Georgia’s Probate Code (Title 53 of the O.C.G.A.) establishes these primary methods […]
Read article →Do I have to list personal property assets when completing a year's allowance in Georgia?
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult an attorney for guidance on your specific situation. What Is a Year’s Allowance in Georgia? Georgia law grants certain family members a “year’s allowance” from a decedent’s estate for their support and maintenance. Under O.C.G.A. § 53-2-1, a surviving spouse or […]
Read article →How to Request and Schedule a Probate Hearing in Georgia When None Is Set
Disclaimer: This article provides general information about Georgia probate procedures and does not constitute legal advice. Consult a qualified attorney for advice on your situation. Detailed Answer 1. Confirm Court Jurisdiction and Case Status In Georgia, probate matters—including will admissions and administration petitions—are handled by the superior court in the county where the decedent last […]
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