Legal Question in Wills and Trusts in Georgia

Usually yes, but you need to see a lawyer in this situation before you even open an estate, as you may or may not want to.

It depends. What I wouuld do is first have a chat with the probate court clerk to see if it is even necessary to probate an estate in this case. If so, then you will have to go through the probate process and, yes, you will have to publish notice in the newspaper and to direct that any claims be filed with court, attorney or personal representative. I would suggest that if you need to probate the estate that you get a lawyer to help you through the process. Certain claims must be paid ahead of others and an attorney can tell you what should be paid first. If there is no money to pay the rest, that is too bad, but the creditors get nothing.

If probate is unnecessary, then I would get a letter from the clerk indicating that there are no assets to justify probate. In such case, you can send a letter, preferably by certified mail, along with a copy of the death certificate and a copy of the letter from the clerk to the creditors. The letter will explain that the decedent has passed and that there is no money or appreciable assets in the estate and that probate will not be undertaken. You can send the same letter, just change the addres for ech of the creditors.

If you don't feel comforable, I can do it for a reasonable fee, but I will need the information. The fee will depnd on how many letters I have to send.

If interested, feel free to contact me.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC