Georgia Probate Forms - Letter Of Testamentary Georgia

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Georgia Probate Forms FAQ Georgia Probate Forms

What is probate? 

When a person dies, their assets are distributed in the probate process. Probate is a general term for the entire process of administration of estates of deceased persons, including those without wills, with court supervision. If a person dies with a will, a petition to probate the will is filed with the probate court in the county where the deceased resided at the time of death, asking for letters testamentary to be issued, giving the executor authority to handle the estate affairs. If a person dies with a valid will, an executor is named to handle the distribution of the estate. If the person dies without a valid will, the court appoints an administrator to distribute the decedent's assets according to the state's laws of intestacy. The court will issue letters of administration, also called letters testamentary, to the administrator, giving the authority to handle the affairs of the deceased. An heirship affidavit may also be used to conduct estate affairs when a small estate is involved. In cases where the decedent didn't own property valued at more than a certain amount, which varies by state, the estate may go through a small estate administration process, rather than the formal probate process.

What are the duties of an executor? 

The executor's obligations are generally to: a. Safeguard the property and assets of the estate; b. Inventory (or make a list of) the property; c. Submit accounts or inventories to the court as required (these could be waived); d. Pay the debts and expenses of the deceased (such as funeral and burial expenses, medical expenses, and credit card bills); e. Pay any federal or state death taxes, if any; and f. Distribute the estate to those named in the will or, if no will exists, to your heirs as designated by statute.

How can probate be avoided? 

All property of a decedent may not be subject to the probate process. Some assets, such as insurance policies or cd’s may name a beneficiary or pass automatically to a surviving joint owner outside the probate estate of the will. Assets held in trust, or in an account or policy with an insurer or financial institution with a named beneficiary, typically pass outside the probate process. Such assets go to the named beneficiary outside the probate process. If it is a survivorship account, or transfer on death account, it passes outside the probate process. Property held in trust is distributed according to the terms of the trust. It is possible to write a "pourover" clause in a will, so that property "pours over" into the trust, which is exempted from probate. The involvement of the court to transfer such property is not required. A bank account or motor vehicle title may also specify a death beneficiary and thus be exempt from the probate process.

Tips for Preparing Georgia Probate Forms

  1. Start probate. Before you start planning Georgia Probate Forms, find out if you're qualified to become an real estate executor. In cases where a deceased individual didn't name an executor, the court may assign one. To begin the procedure, you need to file a application for probate, a valid will, along with the death certificate to the court.
  2. Gather information. Collect and review the information you have to use to submit the Georgia Probate Forms correctly, put together probate documents, and then present them to the legal court. The procedure can involve pension and bank accounts and stocks and shares, estate such as a home, and personal assets as collections and other valuables.
  3. Manage financial obligations and fees, and expenses. Make certain that the assets you dispose of can cover all obligations, rents, and bills. Otherwise, the legal court will focus on claims of creditors. In addition, you're accountable for submitting an income tax return and paying taxes.
  4. Distribute belongings. When you're completed paying out debts, you are able to proceed to the next phase. The remaining assets is split between the beneficiaries (brothers and sisters, parents, spouse and next of kin) or by the will.
  5. Close estate. Gather statements and records, and other probate forms during the overall process and then send them to affirm that you settled an real estate and completed the Georgia Probate Forms in accordance with federal and state specifications.

What is a Small Estate Affidavit?

A Small Estate Affidavit is a legal document used in Georgia when someone passes away with a small amount of property and assets. It allows the person who is entitled to inherit the assets, like a spouse or child, to collect them without going through the formal probate process. This affidavit is a simplified way to transfer ownership of the property to the rightful heirs. It is a quicker and less expensive option for settling small estates in Georgia, so it can save time and money for those involved.


What is Considered a “Small Estate”?

In simple words, a "small estate" refers to an estate with a relatively low value. In the state of Georgia, this generally means that the total value of someone's assets and belongings that need to be handled after their passing is under a certain amount, which is set by the law. When someone's estate is considered small in Georgia, it usually allows for a simplified and quicker process of settling the person's affairs, without the need for a lengthy and complex probate process. This can make things easier for the family or loved one's left behind, as it saves time and reduces legal costs. Overall, the definition of a small estate may vary from state to state, but in Georgia, it often refers to an estate with a lower value that can be handled more simply and efficiently.


Small Estate Requirements by States

Small estate requirements vary from state to state, including in Georgia. When someone passes away, their belongings and property are typically distributed to their beneficiaries or heirs. However, when the value of the estate is relatively low, certain states have specific procedures to simplify the process. In Georgia, for example, an estate can be considered small if its total value is $10,000 or less. In such cases, the executor or administrator of the estate may be able to use a simplified procedure called "summary administration" to distribute assets without undergoing a lengthy and formal probate process. This can help save time and costs for the family or loved one's left behind.


How to Use a Small Estate Affidavit

Using a Small Estate Affidavit in Georgia is a straightforward process that allows you to settle a deceased person's estate without going through a lengthy probate. First, gather all necessary documents such as the death certificate, the deceased person's will (if applicable), and any outstanding bills or debts. Then, complete the Small Estate Affidavit form, making sure to provide accurate information about the deceased person's assets and debts. Next, sign the form in the presence of a notary public. Once completed, file the affidavit in the probate court of the county where the deceased person lived. After filing, you can use the affidavit to collect and distribute the deceased person's assets among the rightful heirs. Remember to follow the state laws and regulations to ensure a smooth and proper execution of the Small Estate Affidavit.


Affidavit of Heirship vs. Small Estate Affidavit

In Georgia, when someone passes away and their estate (their belongings and assets) need to be distributed to their heirs (the people who are entitled to receive their property), there are two legal documents that can be used: the Affidavit of Warship and the Small Estate Affidavit. These documents are different and serve different purposes. An Affidavit of Warship is used when the deceased person did not leave a will, and it is needed to establish who the legal heirs are. It requires statements from people who personally knew the deceased and can confirm who their heirs are. On the other hand, a Small Estate Affidavit is used when the person who passed away had a will, but their estate is relatively small (usually less than a certain dollar amount). This affidavit will allow the heirs to distribute the assets without going through a lengthy probate process in court.