Fulton Georgia Heirship or Descent Affidavit Questionnaire

Category:
State:
Multi-State
County:
Fulton
Control #:
US-Q1018
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

To fill out a small estate affidavit in Georgia, start with the Fulton Georgia Heirship or Descent Affidavit Questionnaire. This helpful form will guide you in providing the required details about the decedent, the heirs, and the estate's value. Make sure to include accurate information and sign the affidavit in front of a notary. Following these steps carefully helps ensure a smooth filing experience.

There is no time limit in applying for Probate. Unlike some legal processes, such as applying for compensation, your application will not be disqualified because it is late.

To obtain Letters Testamentary, the deceased must have left a Will and you must file the Will along with an appropriate petition in the Probate Court. If the Deceased did not leave a Will, then you would use a different process and receive a different order called Letters of Administration.

Yes, generally speaking, probate is required in Georgia. The starting point is to locate the will of the deceased; make a copy of the will; and file the will with the probate court having jurisdiction over the estate. A petition to probate is then drafted and filed with the court.

Under Georgia law, there is no time limit on settling an estate. After your loved one passes away, there is no set number of days or months to open an estate. The usual time frame is from two weeks to as long as six months.

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. They both perform the same job.

The fees for probate and estate administration can vary widely depending on who does it, whether that be a solicitor, probate specialists or a bank. The cost for these range between 2.5 to 5% of the value of the estate.

Common Probate Fees in Georgia An uncontested probate could range from $1500 - $3000. If anyone contests the process, the cost could range from $3000 to more than $10,000. Fees to consider include: Attorney fees (if you use a probate attorney)

How Long Do You Have to File Probate After Death in Georgia? According to Georgia Code, anyone with a will must file it with the courts in a reasonable time. If they fail to do so, they could be cited for contempt and have a fine imposed. In Section 53-5-3, it states that a will may not be filed after five years.

Personal Representatives PetitionFiling FeesInventory$25 plus $2 per pageReturn$25 plus $2 per pagePetition for Discharge$80 plus $2 per page

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Fulton Georgia Heirship or Descent Affidavit Questionnaire