Georgia Involuntary Petition Against a Non-Individual

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US-B-205
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Involuntary Petition Against a Non-Individual

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FAQ

Rest assured that your heirs are typically not held accountable for your credit card debt unless they have explicitly consented to share responsibility as co-signers or joint borrowers.

Support for the family ranks first against the estate of a decedent. It is ahead of taxes. It is ahead of liens, judgments, and mortgages. It is likewise ahead of debts due by the deceased, as trustee.

In Georgia, the executor must publish a notice to creditors once a week for 4 successive weeks in the official newspaper of the probate county, notifying estate creditors to present any claims within 3 months of date of first publication, which should be within 60 days of executor appointment. See GA Code § 53-7-41.

The PR must publish a notice to creditors within 60 days of the date the PR takes office. This notice to creditors must run for four consecutive weeks in the official newspaper in the county where the estate's Probate court is located.

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.

Although they have three months to file a formal claim to the estate, most creditors just send bills to the decedent's address. If there is a will, some of the most common ways of probate in Georgia are Solemn Form Probate, used when all the heirs are known, and Common Form Probate, when possible heirs are unknown.

(b) A will shall not be offered for probate following the expiration of five years from the earlier of: (1) The latest date on which a petition is filed for the appointment of a personal representative of the decedent's estate, an order that no administration is necessary on the decedent's estate, or the probate of a ...

The law generally provides for the funeral expenses to be paid first. Expenses for final medical expenses may also be a priority. If a debt has a co-signer, the creditors may seek payment from the co-signer instead of the estate.

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Georgia Involuntary Petition Against a Non-Individual