Claim Against Estate File Formal In Georgia
Description
Form popularity
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.
A legal notice to creditors will be published in the newspaper. Claims must be filed within ninety (90) days of the last publication.
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.
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.
Under Georgia law, there is no time limit on settling an estate.
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.
