How to Notify Heirs and Beneficiaries During Probate in Georgia

You are legally required to notify heirs of the probate process in Georgia.

You’ll learn about:

Let’s dig in.

What is Probate Notification?

Probate notification informs heirs about the probate proceedings.

This notification is essential for several reasons:

Legal Requirement: Georgia law mandates notifying all heirs and beneficiaries of the probate process.
Ensures Transparency: Keeps all parties informed about the estate’s status and progress.
Prevents Disputes: Ensures all parties are aware of their involvement and potential claims, reducing conflicts.

Two groups of people need to be notified:

Heirs: When there is no will, it’s those who would inherit based on intestate laws.
Beneficiaries: When there is a will, it’s those who are named in the will.

There are several ways you can notify heirs and beneficiaries:

USPS Certified Mail: This ensures there is a record of delivery.
Hand Delivery: Get a signature from them stating they received it.
Publication: For people you can’t find, publish the notice in the county’s newspaper.

You will need proof of receipt so that you can file it with the courts.

For the Publication, it needs to run once a week for 4 weeks.

Some of the information you need to include in the notice seems silly.

But the state laws require all the following information:

Your timelines for notifying heirs and beneficiaries are:

Initial Notification: Within 30 days of filing for probate.
Publications: Once a week for 4 weeks.
Objection Period: Heirs and beneficiaries have 10 days from the final publication to raise any objections (will contesting, objections, etc.).

You have to prove to the probate judge that you served the papers.

To do this, you’ll need to give the judge:

These prove you followed Georgia’s laws on notifying heirs and beneficiaries.

An Affidavit of Service verifies the legal documents were delivered.

The information that they include are:

Delivery Details: Date, time, and method of delivery.
Recipient Information: Name and address of the person served.
Server Information: Name and signature of the person who delivered the documents.
Confirmation of Delivery: Statement affirming that the documents were delivered to the recipient.

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