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To obtain Letters of Administration, the deceased must not have left a Will. You will need to file an appropriate petition in the Probate Court to begin the process. If the deceased did leave a Will, then you would use a different process and receive a different order called Letters Testamentary.
The executor or personal representative is often a family member or friend who has been designated by the deceased to manage their affairs after their death. If no executor is named, then the court will appoint an administrator.
The affidavit must be notarized and the notary public must complete all information in Part 4 of the affidavit. If this affidavit is not submitted to document legal name discrepancies in signatures and title assignments, new documents and/or signatures without discrepancies must be obtained.
Letters of Administration are a court order issued by the Probate Court. It is the formal document where the Probate Court officially appoints an Administrator to represent the Estate. As a result, the Letters of Administration give the Administrator the authority to: ? Collect Estate assets.
Georgia law provides a specific fee schedule for executor compensation. ing to Georgia Code Section 53-6-60, executors are entitled to a fee of 2.5% of all money received by the executor and 2.5% of all money paid out by the executor during the administration process.
Estate Administrator Duties Collecting all the assets of the decedent. Keeping an inventory of the Estate. Verifying and settling any tax obligations with federal and state authorities. Paying the deceased person's bills, debts, and expenses of estate administration (e.g., cost of hiring a lawyer, if any)
To begin the process, a Petition for Letters of Administration must be filed with the Court. The Initial Filing Fees must be paid upon filing the petition. Any interested party or heir can file the Petition for Letters of Administration.
An administrator may be unanimously selected by all the heirs of a deceased intestate unless the sole heir is the decedent's surviving spouse and an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death.