Claim Against Estate File With Court In Fulton
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Once the Georgia probate court appoints an executor or administrator to manage the estate, Georgia law instantly puts a six-month hold on all creditor claims from the date of the appointment.
Kenya Johnson currently serves as the Chief Judge of the Probate Court of Fulton County.
Solemn Form Probate This procedure requires notice to all heirs at law and becomes binding upon all parties immediately upon appointment of the executor. Heirs at law are the persons who would inherit the estate if there were no lawful will; heirs at law may or may not be beneficiaries under the will.
Spouses in Georgia Inheritance Law In this case, the decedent's estate is split evenly between the surviving spouse and all of their children. It's important to note, though, that a surviving spouse is entitled to a minimum of one-third of the estate, regardless of how that affects the aforementioned even split.
A legal notice to creditors will be published in the newspaper. Claims must be filed within ninety (90) days of the last publication.
To make a claim in an estate, the creditor must go through the court system. The creditor first files a Statement of Claim in the probate matter for the decedent, or the person who died.
An executor in Georgia typically has six months to a year to settle an estate. However, the exact timeline can vary based on the estate's complexity and any disputes. Here are the key steps and what to expect.
