Legal Question in Wills and Trusts in Georgia

I have a son that has just passed and unsure of a will. What are some of the first steps we need to take about estate if there is one.


Asked on 5/29/15, 6:42 am

1 Answer from Attorneys

I am sorry for your loss. First thing is to get a death certificate. Next is to make a preliminary inventory of what your son owed and owned. Did your son have children that you know of, legitimate or illegitimate? Was he married? I would then pay for a consult with a probate attorney who practices in the county where your son lived at prior to his death and see if things justify probate of the estate and if so whether the assets are small enough to qualify as a small estate (some states have simplified procedures for small estates and you do not need to go through full probate). Failing that, make an appointment with the probate court clerk to discuss whether an estate will need probated.

If there are assets like a car or house, money held in the bank or debts, you may need to probate an estate.

In a nutshell, duties are to ascertain what the deceased owned and owed, pay any just debts out of estate assets and then transfer what is left to the heirs/beneficiaries. If there is no spouse and children or lineal descendants, then your son's net estate would go to you and your son's other living parent if any. If your son had more debts than assets claims are paid in order of priority. If there are no assets justifying probate, then maybe nothing needs done except filing a final tax return.

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Answered on 5/29/15, 2:04 pm


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