This is an official form from the Georgia Probate Court System, which complies with all applicable laws and statutes. USLF amends and updates forms as is required by Georgia statutes and law.
This is an official form from the Georgia Probate Court System, which complies with all applicable laws and statutes. USLF amends and updates forms as is required by Georgia statutes and law.
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In Georgia, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
Sole surviving child, or, if more than one, the majority of the surviving children. Surviving parent or parents. Surviving brother or sister, or majority of the surviving siblings. Surviving grandparent of the decedent, or the majority of the surviving grandparents.
The actual statute may be found in the Official Code of Georgia Annotated (OCGA), Section 53-2-1. The heirs are: The spouse is the heir if there are no children (and no children who died before the decedent leaving living children of their own or descendants of living children).
That said, the probate process in Georgia can be expected to take anywhere from at least about six months to as much as a few years.
The fees are: $159.50: Filing fee. $ 2.00: Per page filed, including the petition, the will, and pages the Court will prepare. $ 10.00: Certified copy of letters testamentary (each)
Settling an Estate in Georgia The first step is to file a petition to open probate with the court. The court will appoint an executor if someone is listed in the will. If there is no will, the court will appoint a personal representative.The executor will file and pay taxes and pay all creditors.
According to Georgia inheritance laws, you can file a probate petition asking the court to allow the decedent's surviving spouse and children to take a year's worth of finances out of the estate. The heirs and anyone owed money from the estate must agree on this to be processed officially.
How Do You Avoid Probate in Georgia? The best way to a avoid probate in Georgia is by creating a revocable living trust for the estate. You can place all assets in the trust and name a beneficiary who will receive those assets after the person is deceased. Another option is by naming a beneficiary outside the will.
Locate the will. Before you can petition the court to begin the probate process, you must locate the will of the deceased. File the will with the probate court. Inventory the deceased individual's assets. Pay any outstanding debts. Distribute assets.