In order to close a probate estate, the executor or administrator of the estate files a Petition to Discharge the Personal Representative in Georgia. After all bills, costs, and taxes have been paid, tax returns have been submitted, and the remaining assets have been dispersed, this petition is filed.
Typically, a petition to close a probate estate asks for release from office and from any additional obligations. Unpaid beneficiaries, heirs, and creditors are notified of the petition and asked to recognize and agree to it.
Filing A Petition To Close A Probate Estate
In order to have an executor or administrator appointed, a petition has to be filed with the Georgia probate court. With that petition, you are asking the court to appoint an executor or administrator formally. This process is necessary even when a deceased person has appointed an executor in their will. Here are a few things to be aware of the process:
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- Unpaid creditors are notified and given a chance to appear before the Court.
- The Personal Representative is released from further responsibility by the Final Order.
- The acknowledgement and permission of the beneficiaries or heirs releases the personal representative or executor from future responsibility. If they refuse, they are given notice and a chance to appear before the court for a hearing.
- The Personal Representative’s acts and the estate are reviewed by the court.
- After the Final Order is published, the estate and/or the Personal Representative are immune from claims from creditors, beneficiaries, or heirs.
Closing Process
The last phase of settling the estate is the distribution and discharge of the property and closing the Georgia estate. After the Personal representative has made sure tax returns are filed and all the taxes and debts are paid, he or she can distribute the remaining assets. That way, heirs or beneficiaries can receive their inheritance.
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- The Petition is created by the Personal Representative’s Attorney.
- The Petition is filed, along with any necessary acknowledgments and consents, by the Personal Representative’s attorney.
- Notice is sent to heirs or beneficiaries and unpaid creditors.
- The estate is examined by the court.
- If the estate is in order, the Court makes a Final Order Discharging the Personal Representative.
When a loved one passes away, we assist individuals and families in closing their estate. Call us right away at (404) 817-1663 to discuss your particular case, or send us an email at [email protected] to arrange a meeting.
