I. Introduction to Probate and Administration in Georgia Flashcards
Most Common ways to pass property in Georgia
1) Intestacy;
2) Testate: Decedent’s Will;
3) Non-Probate Transfers
Who Appoints Administrator of inestacy?
Two ways:
1) unanimous choice of the heirs (unless sole heir is surviving wife & divorce is pending); or
2) when non-unanimous, by the probate court
Who can be an Inestate administrator
Can be non-resident of Georgia and non-citizen of US
Requirements when appoint inestate administrator?
Notice to the heirs BEFORE Appointment.
If immediate action necessary, can have a temporary administrator to collect and preserve assets.
Requirements for having Inestate no administration necessary:
must have:
1) consent of all heirs who are of legal age and compeentent or through guardian ad liem;
2) no debts of the estate or any creditors consent to the order; and
3) the heirs sign and have notaraized an agreement as to the distribution
In testate, who appoints the executor?
Executor appointed by the probte court as named by the will. If none named, court will appoint an administrator with the will annexed.
Generally referred to as personal representatives
What is a a year’s support?
Available to decedent’s surviving spouse &/or minor children that is available whether there is a will or inestacy.
It takes precedence over debts except those that are secured and passes in fee simple.
How to request a year’s support?
Applicant makes request and awarded amount unless there is an objection.
Judge will weigh objection at hearing considering the standard of living and other available means of support.
Separate awards can be given to children and spouse
What are the Forms of Probate?
1) Probate in common form;
2) probate in solemn form
Probate in Common Form
can be granted immediately (without notice) but not conclusive for four years.
Executor has same limited powers to collect and administer as temporary administrator
Probate in solemn form
requires notice to ALL heirs, propounders and neficiaries of the wills.
Effective immeaditely
Time limit for probating a will
must be probated within 5 years that any other petition is filed concerning the etstate (e.g. appoint administrator/years support).
Caveats to a will
are challenges that are brought in the superior court although can sometimes be brought in probate court.
Jurisdiction of Personal Representatitves
under the jurisdiction of the probate court in the county in which decedent was domiciled on the date of death or, alternatively, when domiciled outside of georgia, location where real property is owned.
Courts must receive permission from those jurisdictions
Powers and Duties of Personal Representatives
1) assemble state assets/post a bond;
2) file an inventory with court and heirs/beneficiaries;
3) Notify creditors and pay off debts; no debts need be paid for first six months;
4) obtain permission to sell estate property;
5) Distribute estate to heirs or beneficiaries a) executor has title to prop when appointed; b) transfers title to beneficiaries with executors deed; c) if beneficiary dies, goes to heirs subject to administrators appointment
6) file annual and final returns;
7) will or unanimous consent may relief him of inventory, returns and bond or add powers
