Legal Question in Wills and Trusts in Georgia

Unless you are related, you do nothing as you have no rights in that situation.

I only partly agree with Attorney Ashman on this one. The question is how are you related to the deceased and what assets does the person own? That will dictate what you do.

If the person has no assets justifying probate (land, car or other property with a title), then probating an estate for the purpose of the creditors is a headache that you do not need as not much will be gained from it. In such case (if the creditors are bothering you), I would sent a certified letter to the creditor advising that your relative has died (enclose a copy of the death certificate) and indicate that you will not be probating an estate as there are no assets justifying probate. Also advise the creditor that you are not personally liable for the debt. The creditor usually will go away at this point.

If there are probate assets, that is a different matter. Since there is no will, the assets will pass via intestacy as outlined in the state laws. I don't know where the deceased lived prior to his death, but generally it will be in the county/state where the deceased resided or owned real property. State law usually provides that assets fo to the spouse, if any, and children. If there are no children, grandchildren or lineal descendants, then it goes to the parents. If the parents of the deceased are both dead, then to the siblings of the deceased. There is a limit as to how far the rules of inheritance will go. If someone is a very distant relative then any assets may go to the state.

If there are some assets and debts, then the assets may have to be sold. If there is enough money, all the claims are paid before the heirs get anything. If there is not even enough money to pay all the claims/debts, then claims will be paid in order of priority. Things which are priority (this will be specified by state law) are usually administrative expenses (probate fees, attorney fees, commissions paid to administrators, cost to publish notice), then funeral expenses up to the amount allowed by state law, taxes owed to the IRS/state and medical debts incurred in the last 6-12 months of death (some states cut it off at 6 months and some go for a whole year - whatever state law specifies). Last comes anything else, like credit card debts. If the money is exhausted by a higher priority claim then credit card companies get nothing.

What you might want to do is pay for a 30 minute consult with a probate attorney in the county/state where the deceased resided to discuss whether an estate should be probated under the circumstances. If you cannot afford a consult, then talk to the clerk/register of wills in the county/state and see if the deceased had assets justifying probate. If the answer is no, then unless the creditor is bothering you, then do nothing as indicated by Attorney Ashman.