Estate administration in Georgia
Key takeaway
Estate administration in Georgia covers how executors and administrators handle property, debts, creditor claims, business operations, and distribution. These procedures apply to estates that may include an operating business, real estate, or private investments. Georgia probate rules also describe when heirs' consent and published notice allow a judge to waive certain requirements or grant specified powers.
Executor duties and probate waivers
Georgia executors must inventory all property and debts of the estate. An annual or final return is due within 60 days of each appointment anniversary until discharge.
A Georgia probate judge may waive bond, waive reports or statements, or grant specified powers when all heirs consent and notice is published.
Administrator duties and commissions
A Georgia administrator has six months from qualification to ascertain the estate's condition. After that period, the administrator collects debts due to the estate and pays estate debts in priority order.
Georgia administrator commissions normally equal two and one-half percent of money received and money paid out. A probate judge may allow up to three percent of the value of property distributed in kind.
Creditor notice and claims
A Georgia personal representative must publish a general notice to creditors within 60 days of qualification, asking creditors to present their claims.
Claims against a Georgia decedent's estate that arose before death cannot be brought more than six years after death.
Business operations and estate property
A Georgia personal representative may continue the decedent's business for twelve months after qualification. Continuing after that period requires petitioning the probate court for permission on terms the court sets.
Estate property title remains with the personal representative pending assent to distribution. Title passes to heirs or beneficiaries when the representative assents.
A Georgia probate court orders a requested estate property sale summarily on the petitioned terms if no written objection is filed in time.
Property passing under a trust
Georgia trust property that was revocable at the settlor's death, or became irrevocable through incapacity, is subject to estate creditors to the extent the probate estate is inadequate.
A Georgia personal representative may serve without filing an inventory and appraisement, annual returns or reports to any court, or bond, but must furnish income beneficiaries a statement of receipts and disbursements at least annually.
Common questions
When does title to Georgia estate property pass to heirs or beneficiaries?
Georgia estate property title passes to heirs or beneficiaries when the personal representative assents to distribution.