13 Essential Steps For A Smooth Georgia Estate Administration

Georgia Estate Administration
Click To Get Started Now>>

Georgia estate administration can be daunting, but it doesn’t have to be. 

This guide will walk you through the steps like: 

  • managing a loved one’s estate
  • the probate process
  • key responsibilities of an executor
  • ways to avoid probate
  • how to address common challenges and conflict

Keep reading to learn how to handle estate administration in Georgia.

Understanding Georgia Estate Administration

Georgia estate administration distributes a deceased person’s assets:

The probate process includes:

  • paying debts and taxes
  • distributing assets to beneficiaries
  • ensuring all legal requirements are met

What is Probate?

Probate is when:

  • your will gets validated
  • debts get paid
  • assets get distributed

The biggest issues we see people face are:

Key Steps in Georgia Estate Administration

As the executor or administrator, these are the steps you need to take to administer an estate. 

  1. Obtain the Death Certificate: Secure multiple copies from the funeral home or the Georgia website. These are needed for closing accounts, filing for probate, and other administrative tasks.
  2. Locate the Will: Find the deceased’s will, usually in a safe place or with a lawyer. The will details asset distribution and names the executor.
  3. File the Will with the Probate Court: Submit the will to the Probate Court in the county where the deceased lived, typically within 30 days. This starts the probate process.
  4. Petition to Open Probate: File a petition to be appointed as the executor or administrator. Provide necessary documents, like the death certificate and the will.
  5. Notify Heirs and Beneficiaries: Send formal notices to all heirs and beneficiaries. Georgia law requires notification to allow for any contests.
  6. Obtain Letters Testamentary or Letters of Administration: Once approved, the court issues these documents, granting you legal authority to manage the estate.
  7. Inventory the Estate: Create a detailed inventory of all assets, including real estate, bank accounts, investments, and personal property.
  8. Open an Estate Bank Account: Open a separate account in the estate’s name to manage funds and pay debts. This simplifies accounting.
  9. Identify and Notify Creditors: Notify all known creditors and publish a notice in a local newspaper, giving creditors a period to file claims.
  10. Pay Debts and Taxes: Settle any outstanding debts and file the deceased’s final tax return. Pay any owed taxes before distributing assets.
  11. Handle Ongoing Expenses: Continue paying necessary expenses, such as mortgage payments and utility bills, to maintain the estate’s assets.
  12. Distribute Assets to Beneficiaries: After paying debts and taxes, distribute the remaining assets according to the will or state law.
  13. Close the Estate: Submit a final accounting to the Probate Court and request to close the estate, ending your responsibilities.

If you’re overwhelmed by the Georgia estate administration process, fill out the form on this page. 

Our Georgia probate lawyers handle it all for you.

Click To Get Started Now>>

How to Become an Administrator of an Estate in Georgia

To become an administrator of an estate, you must petition the Probate Court in the county where the deceased resided. 

The court will issue letters of administration.

These grant you the authority to manage the estate.

Probate Options in Georgia

Here are the different filing options for probate in Georgia. 

Solemn Form Probate

Solemn form probate is a formal and thorough process.

  • Notice to Heirs: All heirs and beneficiaries must be formally notified.
  • Court Hearing: A court hearing reviews and validates the will.
  • Legal Scrutiny: A high level of scrutiny ensures the will is properly followed.
  • Finality: Decisions are binding and difficult to contest later.

This is the most common way to probate an estate. 

(We recommend this route compared to Common Form.)

Common Form Probate

Common form probate is simpler and faster.

  • No Court Hearing: The process is expedited without a hearing.
  • No Formal Notice: Heirs are not formally notified, speeding up proceedings.
  • Open to Challenges: Can be contested for up to four years.

We do not recommend this route. 

No Administration Necessary

No Administration Necessary simplifies probate when certain conditions are met.

  • Heirs’ Agreement: All heirs must unanimously agree on asset distribution.
  • No Outstanding Debts: The estate must be free of debts.
  • Simplified Process: Less paperwork and fewer court appearances.

Year's Support

Year’s support provides financial stability for the surviving spouse and minor children.

  • Purpose: Ensures financial support for one year.
  • Priority: Takes precedence over most other claims against the estate.
  • Court Petition: Requires filing a petition with the Probate Court.
  • Protected Assets: Allocated assets are protected from other creditors.
Click To Get Started Now>>

Settlement Time for Estates in Georgia

The time required to settle an estate in Georgia varies based on the complexity of the estate and whether there are any disputes.

Generally, it can take several months to over a year to complete the process.

How Long Does an Administrator Have to Settle an Estate in Georgia?

Administrators are typically expected to settle the estate within a reasonable time frame.

This often means completing the process within 12 to 18 months, though it can vary depending on the circumstances.

How To Avoid Probate In Georgia

Here are the ways that you can avoid probate.

Living Trusts

A living trust is a legal document that places your assets into a trust during your lifetime and transfers them to your beneficiaries upon your death.

Joint Ownership

Jointly owned property with rights of survivorship passes directly to the surviving owner.

Payable-on-Death Accounts

Bank accounts and other financial accounts can be designated as payable-on-death (POD), allowing them to transfer directly to the named beneficiary.

Executor Duties and Responsibilities

Here’s a list of your responsibilities as an executor

  • Managing Assets: Oversee all estate assets, maintain property, and secure valuables.
  • Record-Keeping: Document all transactions, payments, distributions, and receipts.
  • Court Reporting: Provide regular reports to the Probate Court, including asset inventories and final accounting.
  • Notifying Beneficiaries: Inform all beneficiaries and heirs of estate proceedings.
  • Handling Claims: Address claims from creditors and taxes against the estate.
  • Opening Estate Account: Open a separate bank account for managing estate funds and expenses.
  • Distributing Assets: Distribute assets to beneficiaries as per the will or state law.
  • Court Communication: Respond to Probate Court inquiries and provide required information.
  • Filing Tax Returns: File final tax returns for the deceased and the estate.
  • Resolving Disputes: Mediate and resolve disputes among beneficiaries or interested parties.
  • Closing the Estate: Finalize and close the estate after all tasks are completed.
Click To Get Started Now>>

Challenges in Georgia Estate Administration

Probate is challenging and overwhelming. 

Here are some issues you may face tackling estate administration on your own.

  • Will Contests: Legal disputes from beneficiaries or heirs contesting the will.
  • Locating Assets: Difficulty in identifying and finding all assets.
  • Managing Debts: Ensuring all debts and liabilities are paid.
  • Family Disputes: Conflicts among beneficiaries over asset distribution.
  • Legal Compliance: Meeting all legal and administrative requirements.
  • Creditors’ Claims: Handling claims from creditors.
  • Executor Liability: Risk of personal liability for mistakes or breaches of duty.
  • Asset Valuation: Accurately valuing unique or difficult-to-assess assets.

Get Help With The Estate Administration Process

Are you overwhelmed by the Georgia estate administration process? 

Our probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not: 

  • personally financially liable
  • accidentally breaking the law
  • filling out the paperwork wrong
  • not notifying or paying off creditors
  • dealing with disputes among family and partners

Fill out the form to take this off your plate.

"*" indicates required fields

Name*