Claim Against Estate File For Maintenance In Georgia
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FAQ
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.
No action to recover a debt due by the decedent shall be commenced against the personal representative until the expiration of six months from the date of qualification of the first personal representative to serve.
Georgia law imposes no time limit on settling an estate, and an estate can be administered for as little as six months to many years, depending on its size, creditors and other issues.
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.
Creditors in Georgia have three months from the date the notice is published to file their claims (O.C.G.A. § 53-7-41). If creditors fail to meet this deadline, they generally lose their right to collect the debt from the estate. Executors are not required to take action on claims filed after the deadline.
