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.
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.
Georgia state law does not provide a timeframe for opening an estate within a set number of days, weeks, or months after someone passes away. While there's no strict deadline for opening an estate, if you possess an original will, you are legally obliged to turn it over to the appropriate probate court.
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.
A legal notice to creditors will be published in the newspaper. Claims must be filed within ninety (90) days of the last publication.
Can a House Be Sold During Probate? Yes, a house in probate can be sold in Georgia, but there are conditions and steps to follow. The executor or administrator must ensure that the sale complies with Georgia probate laws.
Any interested party or heir can file the Petition for Letters of Administration. The petition has to be completely filled out, including a complete listing of each and every heir of the deceased, each heir's age (or over 18), addresses, and relationship to the deceased.
What is a Notice to Owner (“NTO”)? An NTO is a required notice which lists who is supplying materials or who has been subcontracted on a construction project in Georgia.
COUNTY OF FULTON Filing Instructions: Mail the original notarized application to: Cathelene Robinson, Clerk of Superior Court, Attention: Recording Division, 136 Pryor St., SW, Atlanta, GA 30303.
On public projects, Georgia requires all parties who do not have a direct contract with the general contractor to provide preliminary notice. This notice preserves the right to make a bond claim in Georgia if the general contractor has properly filed and posted a Notice of Commencement.