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Requirements: To begin the process, a Petition for Letters of Administration must be filed with the Court. The Initial Filing Fees must be paid upon filing the petition. Any interested party or heir can file the Petition for Letters of Administration.
A Letter of Appointment of Executor helps prove you have been put in charge of someone's estate after they have passed away. As Executor, you've been given the duty to manage the estate and carry out the directions of the will; however, a court may require official documentation.
Letters of Administration are a court order issued by the Probate Court. It is the formal document where the Probate Court officially appoints an Administrator to represent the Estate. As a result, the Letters of Administration give the Administrator the authority to: ? Collect Estate assets.
After all the debts are paid, the personal representative will give anything left to the people named in the will. The personal representative must: Get evidence that the beneficiaries got the assets, File a final report with the court to close the 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.
When a Georgia resident dies, his or her estate generally goes through probate. Having a Will does not avoid probate, it only directs where your property goes. Certain circumstances do allow property to bypass the probate process. Whether you die with or without a will, your estate goes through probate.
In order to probate the will, the executor should file the original signed will and, in most cases, Georgia Probate Court Standard Form #5 - Petition to Probate Will in Solemn Form. The Standard Forms are available at the courthouse or online at the official statewide Probate Court website.
To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.