Faq

Disclaimer: Georgia Probate Liquidators do not and represent no such legal advice. For legal advise on Probate Estates, please consult with your local Probate Attorney.

  1. What is Probate?


    2. Probate is the legal process of settling the estate of a deceased person; specifically, resolving any and all claims and properly distributing the decedent's estate.

  2. Who are the Players in the Probate Process?


    3. a. Personal Representative, also know as the Executor / Executrix or the Administrator. The P.R. is the person who is appointed to manage the estate and to distribute the assets of the will. It is the duty of the Personal Representative to: Disclose all known assets Pay all expenses, which includes mortgages, notes, loans, secured and unsecured debts Distribute the Assets and or Funds to the Heirs
    b. Heirs - The heirs are the person or persons who inherits or is entitled by law or by the terms of a will to inherit the estate of another. Although the assets may be intended for the heirs, the probate process typically mandates that creditors be satisfied prior to any distributions of assets or cash to the heirs. Often times, this requires liquidating all or part of the estate to satisfy the creditors. Georgia Probate Liquidators provide these such liquidation services at no cost to you.
    c. Attorneys - Attorneys have a fiduciary responsibility to their clients to act in the best interest of the estate, personal representative, and heirs. Typically, Probate Attorneys have no financial interest in the estate. Fees do apply, but considering their professional service and expertise, this is well worth the time and hassle should you feel the need.

  3. What authority does the Personal Representative have?


    4. Generally speaking, the Personal Representative may be appointed as Supervised or Unsupervised. When Supervised, the P.R. will require court approval on all agreements and/or actions except those ruling, law or letters of testamentary. When Unsupervised, the Personal Representative is given full power to carry out his/her duties without court approval.

  4. Can a Personal Representative sell all or part of the estate?


    5. Yes and yes, if the Probate Court appoints that person as an Unsupervised Personal Representative, this appointment allows the P.R. to carryout the liquidation of the estate in order to proceed with the probate process. If the court appoints the Personal Representative as Supervised, than the approval must be granted by the court before any part of the estate can be liquidated.

  5. 5. Probate Process timeline?


    6. Appointment of PR
    Notice to Creditors
    Notification to Heirs
    Inventory of the Estate
    Filing of taxes (varies case by case)
    Satisfaction of creditors
    Dispursement of Estate to the Heirs
    Discharge of Probate Court

    **Althought every county has different court timelines, this information is only a guidline, please see your local county Probate Clerks office for more details**

Georgia Probate Liquidators, All Rights Reserved, 2007