Administration and Probate of Intestate Estates in Georgia   Tags: estate_planning, georgia_law, wills  

Dying without a will causes a person’s property to pass through intestacy according to the state’s laws on descent and distribution. An estate may also have to be probated according to intestacy statutes if a will is declared to be invalid. This guide is designed to direct researchers or professionals in the right direction to find information on intestacy in Georgia. This guide does not specifically address issues regarding estate and gift tax.

There are four stages to probating an estate:

1) Appoint a personal representative
- A prospective administrator must file a petition for letters of administration in order to act on behalf of the estate. A person with an interest in the estate can file a caveat to that petition alleging the petitioner would not best serve the interests of the estate.

2) Ascertain the condition of the estate
- The administrator determines what all is in the estate and identifies any potential problems. The duties of the administrator at this stage are governed by what statutory powers they have reserved and which ones they waived.

3) Payment of debts and distributions
- The administrator dispenses funds to creditors and heirs based on the law of descent and distribution.

4) Dismissal and closing of the estate
- Once all creditors have been paid and the remaining funds dispensed to heirs, the administrator petitions to be released from duty and for the estate to be closed.

Michael Sisk - Spring 2007 - Georgia Law; Wills and Estate Planning

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