A Primer on Georgia Probate Court

Category: Uncategorized

A Primer on Georgia Probate Court

The Georgia Probate Court system is in place to take care of clerical matters regarding estate planning, inheritance, and issuing licenses for marriage and firearms. Its purpose is to ensure efficiency in non-criminal legal matters that mainly involve filing paperwork. All necessary Georgia probate court forms are available online so that residents can have everything filled out and ready to file when they arrive. Georgia probate judges are there to ensure that estates are settled legally, especially in cases where there is no will. When someone dies, their estate is transferred to probate court and an executor oversees the distribution of assets. Executors are usually family members, but they can be anyone over the age of 18 who is determined to be trustworthy and objective. The probate judge determines the validity of wills and ensures that all relevant parties have been duly notified of a death and are present for settling the estate. The executor oversees the fair distribution of assets and sees that creditors are paid. Not all estates need to go through probate, and some assets, like homes with a joint tenancy, are automatically passed to the appropriate heir. An estate planning specialist, such as Paul Black from The Law Office of Paul Black L.L.C can help.

Georgia Probate Court Rules

There is a set of complex Georgia probate court rules, as there is in other court systems. These rules are outlined in the UNIFORM PROBATE COURT RULES provided by the Council of Probate Court Judges of Georgia. One of the main Georgia probate court rules is that an executor or an attorney hired by the estate will work with the probate court. Georgia probate court may appoint an executor if there’s absolutely no executor or the executor can’t or will not function, according to the Official Code of Georgia section 53-6-20. The court may also appoint a guardian for the deceased’s children who were left without a parent. The deceased person may have named a guardian in his or her will, but if there is no guardian or the named guardian can’t or won’t take the children, the court will step in. A second critical Georgia probate court rule is that one of two forms of probate must be chosen. Solemn form probate requires that the executor give notice to everybody who might have an interest in the will, and it becomes binding when the property is closed. Common form probate doesn’t need any notice sent following the naming of the executor, but it doesn’t become binding for up to four years. This provides parties a chance to contest the decision.

Other Georgia Probate Court Rules

Another rule relates to the deceased person’s safe deposit box. Any person may file a Petition to Enter Safe Deposit Box with the probate court when they believe that the deceased’s will may be in the individual’s safe deposit box. This must happen before probate starts. If the request is granted, the safe deposit box may be opened by the bank. The bank must record any will and give it to the court, and they must give any insurance policies directly to the beneficiaries. Until the Georgia probate court appoints an executor, everything else stays in the safe deposit box. There are quite specific guidelines for filling out Georgia probate forms, as well. Those are outlined here by the Council of Probate Court Judges of Georgia. To determine which forms are necessary depending on the specific circumstance, an attorney from The Law Office of Paul Black L.L.C. can help. There are quite specific guidelines for filling out Georgia probate forms, as well. Those are outlined here by the Council of Probate Court Judges of Georgia. To determine which forms are necessary depending on the specific circumstance, an attorney from The Law Office of Paul Black L.L.C. can help.

When Is Georgia Probate Necessary?

Probating an estate in Georgia usually involves these three steps:
  1. Gathering all the assets of the deceased person’s estate, including money, investments, bank accounts, real estate, and other property.
  2. Paying off the debts and taxes owed by the estate.
  3. Distributing the remaining assets to the heirs.
The specific way these steps are accomplished can differ, depending on the size of the estate, whether or not the deceased person was married, and whether or not there is a will.

Georgia Probate When There is a Will

There are four possible types of probate when there is a will:
  1. Solemn Form Probate: When the heirs are known and present, this form is used for the immediate conclusion of the estate.
  2. Common Form Probate: This is filed by the executor when all heirs are unknown and are inconclusive for up to four years following public notice of a death.
  3. Probate of Will in Solemn Form/Letters of Administration with Will Annexed: This type of petition is filed when the executor named in the will is unable or unwilling to carry out the duty, and names a new administrator (usually by agreement of a majority of the heirs).
  4. Will Filed Not for Probate: If there is no property to distribute to heirs, the will is filed with the court to create a permanent record, but no probate is carried out. There is no fee for this filing.

Georgia Probate When There is No Will

When a person dies without a will (“intestate”), there are three possible proceedings:
  1. Permanent Administration: Notice to all heirs is required. The spouse or sole heir becomes the administrator unless they decline or are disqualified; otherwise, the administrator is chosen by a majority of the heirs.
  2. Temporary Administration: Notice to heirs is not required, but heirs may choose an administrator, who compiles the estate inventory. No expenditures or disbursements are made without a court order.
  3. No Administration Necessary: If all the estate’s debts are paid, no other administration is needed, and all heirs agree to the division of the estate, this is the form of probate used.

Other Georgia Probate Petitions

There are also petitions that may be filed whether there is a will or not:
  1. Year’s Support: Filed on behalf of surviving spouse or minor children to set aside a specified part of the estate for their support, before payment of unsecured debts or any distribution under a will.
  2. Petition to Enter Safe Deposit Box: Filed when it is believed that the deceased person’s will is in a safe deposit box. If there is a will, the bank is required to deliver it to the probate court and to deliver any insurance policies to the beneficiaries. Burial instructions and any deeds to burial plots may be removed; all other items remain in the box until an executor or administrator is in place.
The Georgia courts have worked hard to streamline the process to make it easier on grieving families, and it is legal to handle probate without an attorney. If you choose to go through probate without an attorney, you’re responsible for obtaining information to help you make the right decisions. That mean knowing which forms you need, completing the forms, handling the filing fees, and understanding the possible outcomes of your decisions. Getting it wrong can cost time and money. The Dekalb County probate office staff and the Dekalb County probate judges are limited by law in the assistance they can provide. They can answer questions about the types of forms, filing deadlines, and fees, but cannot give you any advice on how to proceed. They also cannot complete forms for you or make copies. The Law Office of Paul Black can advise you during any part of the probate process in Dekalb County. While it is best to handle estate planning and draw up a will ahead of any need, we understand that life can take unexpected turns. Even if you do not have a will, we can assist you with filing the correct Dekalb probate forms.

Georgia Probate Law Defined

Georgia probate laws are designed to ensure fair distribution of property when someone dies. If there is no will, the heirs will appoint an administrator to oversee the inventory, distribute assets, and perform other duties. The probate judge decides if the existing will is valid, makes sure that any debts are paid, and determines if all possible heirs have been notified under Georgia probate law. Any monetary assets of value left after the discharge of debts and taxes are divided among the heirs or released to the beneficiaries named in the will. An estate attorney, such as Paul Black from The Law Office of Paul Black L.L.C. can help shed light on the process.

GA Probate Court and the Personal Representative

One hindrance to distributing an estate in probate is when there’s no administrator or executor named. In these cases, one must be appointed. If someone is named by the decedent as an executor, also known as a personal representative (PR), this person must take charge of settling the estate at probate. If the PR is unwilling or unable to discharge their duties, family members must elect a trustworthy person over the age of 18 to handle the administration. The probate court judge can also appoint an administrator. The duties of the executor or administrator include the following:
  • Posting a bond to protect the assets if the administrator proves incompetent
  • Collecting, safeguarding, and making an inventory of all assets
  • Having assets valued by a professional appraiser
  • Paying all legitimate debts and taxes on behalf of the estate
  • Distributing remaining assets according to the terms of the will or Georgia state law
The Law Office of Paul Black L.L.C. can help explain the duties of a personal representative and offer additional counsel.

Georgia Probate Laws and Succession

The portion of Georgia state law that governs probate and estate matters is Georgia Code Title 53. Wills, Trusts, and Administration of Estates § 53-2-1. This code outlines legal terminology used in Georgia probate matters and lines of succession for inheritance. According to Georgia law, half-siblings who are children of the decedent are considered equal in matters of inheritance, as are children born after the decedent’s death but conceived prior. Spouses are first in line to inherit and cannot be disinherited under Georgia law. All other assets outside of the first $200,00 of net estate value plus 3/4 of the remaining assets go to children, parents, siblings, and other relatives, in that order. Georgia has no separate estate tax. For questions about a Georgia estate matter, talk to an attorney at the Law Office of Paul Black.