Legal Question in Wills and Trusts in Georgia

how probate court item generally work or the general preceeding of probates


Asked on 4/19/11, 8:48 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your question is incomprehensible. Tell us what you actually are trying to do and perhaps we can respond.

Read more
Answered on 4/19/11, 8:53 pm

It would fill volumes to advise you of how probate works. If you are asking this question, you really need to pay an attorney for his or her time to explain it to you.

In a nutshell, probate works as follows: either the person who died had a will or not. The person named in the will or, if there is no will, then the spouse, parent or an adult child who is otherwise qualified, will apply to the court for letters testamentary (for a will) or letters of administration (if there is no will). Assuming the letters are granted, then the person who applied is officially appointed by the court as the personal representative. The personal representative's task is to find out what the decedent (the dead person) owned and what they owed. The personal representative takes what is called an inventory of assets and files that with the court. The personal representative collects any money in bank accounts and opens an estate account. The personal representative writes to known creditors and publishes notice in the newspaper in compliance with state law. After claims are filed by the creditors, if any, or the period specified in the notice ends, the personal representative can disburse funds to the heirs. If there is enough money, first all claims are paid and the heirs get what is left as per the will or as per state intestacy law (if there is no will). If there is not enough money, then any claims have to be paid in order of priority as per state law. If there are no claims but there still is not enough money for the heirs, then there is an order for paying bequests as well.

This is just a very brief outline - the personal representative has other duties like filing final federal/state tax returns, filing an accounting with the court, getting real or personal property appraised, etc.

If you are the personal representative, then see a probate attorney in the county/state where the deceased lived at the time of his/her death. If you cannot afford an attorney, then see the clerk of the probate court to see if a public administrator can be appointed. If there are few assets justifying probate, it may be that you don't even need an attorney. For very simple estates with little in assets and depending on your relationship to the deceased, a simplified procedure can be used and you do not need to go through full blown probate.

If you are an heir, then unless there is no will, then the personal representative named in the will should obtain the attorney and handle the estate.

Read more
Answered on 4/20/11, 11:31 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia