The estate is more difficult to handle when there is not a Will but it can still be relatively simple. You will need to file a Petition for Letters of Administration or a Petition for Order Declaring No Administration Necessary. If all of the heirs are adults and not mentally impaired you may consider a Petition for Order Declaring No Administration Necessary. Once the petition is completed it can be presented to the Probate Court in the county of the decedent's residence in Georgia or in the county where property of a non-resident is located.
Please note: All petitions must be filed in the Probate Court and filing fees tendered at the time of filing. Filing fees are non-refundable.
The most common procedure when there is not a Will is a Petition for Letters of Administration. One of the heirs needs to be nominated by the majority of the other heirs. If everyone consents, everyone is of legal age, no one is mentally incapacitated, and everyone signs the petition, it can go quickly and easily. If the heirs must be served by the Court, it will add to the time and trouble.
This petition is usually filed when another petition is pending before the Court. Notice to the heirs is not required, but a majority of the heirs may select the temporary administrator. Powers are limited to collecting and preserving the assets of the decedent, and the Court may appoint a temporary administrator upon any showing of necessity or appropriateness.
No Administration Necessary is a means of letting the heirs handle the estate without the Court requiring accounting, reporting, bonding, etc. it is a petition stating that the decedent died without a Will, all of the decedent's debts have been paid or all creditors will be served or consented, all of the heirs are in agreement as to the distribution of the estate, and that it is not necessary for a formal administration or the Court to be involved. There must be a petition filed and an order received before any authority exists.
A year's support is a means for the property to pass directly to the surviving spouse or minor child of the deceased. One of the benefits of a year's support is the elimination of certain taxes for property transferred (automobiles, farm equipment, boats, trailers, motor homes, and real estate). The year's support process is more complicated and may require an attorney to assist in the filing.
This petition is usually filed when the Will is thought to be in a safe deposit box. It permits the bank to open and examine the contents of the box in the presence of the petitioner. If a Will is found, the bank must deliver it directly to the Probate Court. Insurance policies may be delivered directly to the named beneficiaries. The petitioner may receive only burial instructions and any deed to a burial plot. Other property must remain in the box until an Executor or Administrator is appointed.
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2019 Court Closings
99 Sims Street, McDonough, GA 30253
Main Phone: 770 288 7600
TTY: 770 288 6818
Probate Fax: 770 288 7616
Vital Records Fax: 770 288 7562
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