What is the process and timeline for applying to become the personal representative of an estate in Georgia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer: Applying to Become a Personal Representative in Georgia Under Georgia law, a personal representative (also called an executor or administrator) manages an estate through probate. You must file paperwork […]
Read article →How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in Georgia?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for guidance on your specific situation. Detailed Answer When a minor under Georgia law inherits assets or has an interest in a decedent’s estate, the probate court must appoint a responsible adult to manage those assets […]
Read article →What steps protect a minor’s inheritance when the decedent did not leave a will in Georgia?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer 1. Intestate Succession under Georgia Law When someone dies without a will in Georgia, their property passes by intestate succession. Under O.C.G.A. § 53-2-2, the decedent’s assets flow to heirs in a set order. If a decedent leaves minor […]
Read article →What Mechanisms Ensure the Administrator Complies with Estate Duties and Bond Requirements in GA?
Detailed Answer An estate administrator in Georgia holds a fiduciary role requiring adherence to court-ordered duties and bond conditions. Multiple mechanisms under Georgia law enforce compliance, protect estate assets, and provide remedies for interested parties. 1. Bond Requirements (O.C.G.A. § 53-12-226) Before administering an estate, the court typically mandates the administrator post a bond to […]
Read article →Can a Personal Representative in Georgia Seek a Commission on Estate Assets and Sale Proceeds?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Under Georgia law, a personal representative (executor or administrator) may receive statutory commissions both on estate assets when taking possession and on sale proceeds when converting those assets to cash. These commissions serve as compensation for the time and […]
Read article →What steps are required to locate, inventory, and distribute estate assets and settle debts in Georgia?
Detailed Answer Disclaimer: This article is for educational purposes only. It does not constitute legal advice. When a person dies in Georgia, a personal representative must oversee the probate process. This ensures the decedent’s assets become available, debts get paid, and heirs receive their shares according to the will or Georgia’s intestacy rules (O.C.G.A. § […]
Read article →How to Verify and Probate an Old Will Discovered Decades After Execution in Georgia
Disclaimer: This information is educational and does not constitute legal advice. Consult a Georgia attorney for guidance. Detailed Answer Finding a decades-old will can raise questions about its validity and how to move forward with probate in Georgia. Below is an overview of key steps and relevant Georgia statutes. 1. Authenticate the Will Locate the […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Georgia?
Detailed Answer In Georgia, probate matters such as estate administration and will probate fall under the exclusive jurisdiction of the Superior Court in the county where the decedent was domiciled at the time of death. Under O.C.G.A. § 53-3-1, Superior Courts oversee the probate of wills, the appointment of personal representatives, and the distribution of […]
Read article →What Steps Are Required to Open an Estate Proceeding When No Probate Case Exists in Georgia?
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 […]
Read article →How Can Someone Determine if a Probate Estate Has Been Opened for a Decedent in GA?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer: Checking Whether a Probate Estate Is Opened in Georgia When someone dies in Georgia, the decedent’s estate may enter probate under O.C.G.A. § 53-12-20. To determine if a probate estate has been opened, follow these steps. 1. Locate the […]
Read article →