What is probate administration in Georgia?

Probate administration is the legal process of settling a deceased person’s (a “testator’s”) estate under the supervision of the Georgia Probate Court. This process involves validating the testator’s will (if one exists), appointing a personal representative, identifying and valuing the testator's assets, paying debts and taxes, and distributing the remaining assets to beneficiaries or heirs.

When is probate necessary in Georgia?

Probate is generally necessary in Georgia when a person dies owning assets solely in their name without a designated beneficiary. However, certain assets, such as those held in joint tenancy with right of survivorship or those with designated beneficiaries (e.g., life insurance policies), typically pass outside of probate.

What are the main steps in Georgia's probate process?

The primary steps in Georgia's probate process include:

• Filing a petition with the Probate Court

• Providing notice to heirs and beneficiaries

• Appointing a personal representative (an executor or administrator)

• Inventorying the testator’s assets

• Providing notice to debtors and creditors of the estate.

• Paying debts, taxes, and administration expenses

• Distributing remaining assets to beneficiaries or heirs

• Closing the estate

Is there a deadline for filing a probate petition in Georgia?

In Georgia, there is no strict deadline for filing a probate petition. However, it is generally advisable to file within a reasonable time after the decedent’s death. For testate estates (with a will), the will should be filed with the Probate Court within a reasonable time, typically within 30 days of the testator’s death.

Who can serve as a personal representative in Georgia?

In Georgia, the personal representative (executor if named in the will or administrator if appointed by the court) must be at least 18 years old and of sound mind. The order of preference for appointment is:

• The person nominated in the will

• The surviving spouse (if an heir)

• Other heirs of the testator

• Any other eligible person

What are the duties of a personal representative?

The personal representative's duties include, but are not limited to:

• Identifying and securing the testator’s assets

• Notifying creditors and paying valid debts

• Filing necessary tax returns and paying taxes

• Distributing assets to beneficiaries or heirs

• Providing an accounting to the Probate Court

How are debts and taxes handled during probate in Georgia?

The personal representative is responsible for paying valid debts and taxes from the estate assets. This includes:

• Notifying creditors of the testator's death

• Paying legitimate creditor claims

• Filing final individual income tax returns for the testator

• Filing estate income tax returns (if the estate generates income)

• Filing and paying any applicable estate taxes

How long does the probate process typically take in Georgia?

The duration of probate in Georgia can vary widely depending on the complexity of the estate and whether any disputes arise. A simple estate may be settled in 6-12 months, while more complex estates or those involving litigation can take several years.

What are the costs associated with probate in Georgia?

Probate costs in Georgia may include:

• Court filing fees (typically range from $150 to $300, depending on the county)

• Personal representative fees (typically 2-4% of the estate value)

• Attorney fees

• Appraisal fees for valuing assets (costs vary based on the type and complexity of assets)

• Accounting fees for tax preparation

• Publication fees for legal notices (usually $100 to $300)

Are there alternatives to probate in Georgia?

Several alternatives to probate exist in Georgia, including:

• Living trusts

• Joint ownership with right of survivorship

• Payable-on-death (POD) or transfer-on-death (TOD) designations

• Simplified probate procedures for small estates