Intro to Probate and Administration in GA

Question 1

Qualifying as Executor

Answer 1

You do NOT need anything to qualify as an executor in GA. No formal words are necessary to appoint an executor - any expression of the testator’s wishes is enough for appointment.

Anyone can qualify to serve: SO LONG as she is of sound mind and under no disability.
*If, as executor, you are required to travel to another state and you are unable to do so, you may petition with the court to resign as executor

Question 2

What happens with real property that is in two states?

Answer 2

The will may then be admitted to probate in Georgia upon production of properly certified copies of the probate proceedings (so long as the will was executed IAW GA law) in the probate court in the county where the GA property is located.

Question 3

Testate Administration

Answer 3

Probate Court appoints the executor, who is named in the Testator’s will.

• If nobody is named, court will appoint an “Administrator with the will annexed”
• Executors, administrators with the will annexed, and administrators are all referred to as “personal representatives”

Question 4

Forms of Probate

Answer 4

1. Probate in common form - granted immediately (with no notice to anyone required), but is not conclusive for 4 years.
2. Probate in solemn form requires notice to heirs, propounders and beneficiaries of other wills, etc. Effective immediately!

A WILL MUST BE FILED IN THE PROBATE COURT EVEN IF IT ISN’T PROBATED.

Question 5

Time Limit For Probating a Will

Answer 5

A will must be probated within 5 years of the time that any other petition is filed concerning the estate.

Wills are generally brought in Superior Court, but in larger cities where the probate judge is an inexperienced lawyer, caveats and other proceedings may be heard by the Probate Court

Question 6

Year’s Support

Answer 6

Available to surviving spouse and/or minor children.

• Applies in intestacy and testate succession!
• Based on their standards of living
• Takes precedence over ALL DEBTS UNLESS SECURED!
• Passes in fee simple
• Divests the property of any accrued taxes

***Separate awards may be granted to the spouse and children, and separate awards are REQUIRED when the surviving spouse is not the parent of the surviving minor child.

**Must be filed no later than 2 years after the testator’s death

Question 7

Jurisdiction of Personal Representatives

Answer 7

1. The county in which the decedent was domiciled.

2. If domiciled outside of GA, the county in which real property is located.

Question 8

Powers and Duties of Representatives

Answer 8

1. Assemble the assets - must post bond;
2. File an inventory with court AND the heirs or beneficiaries;
3. Give notice to creditors and pay off debts - this doesn’t have to happen until 6 months out;
4. Obtain permission to sell estate property;
5. Distribute the estate to heirs or beneficiaries; and
6. File annual and final returns.

**Powers may be broadened or ended by unanimous consent of the beneficiaries.

Question 9

Proper Venue for Will Contests

Answer 9

1. Counties with population below 96k may file in superior court
2. Larger counties have experienced lawyer as probate judge and file contests in probate court