The death of a loved one is always a devastating experience. In addition to dealing with your own grief, you might also find yourself in the position of handling various administrative duties, and sometimes, you might be nominated as the executor or administrator of the deceased person’s estate. While you want to honor the last person’s wishes regarding the distribution of their assets, you might wonder, “How long can you keep an estate open after death?”
Keeping an estate open typically refers to the time frame between someone’s death and the entire distribution of their assets.
In Georgia, when there are no disputes between family members, it would take an average of 12 to 18 months to handle an estate from when the initial petition is filed to when the estate is formally closed.
However, there are some natural delays in handling an estate; we’ll dive into this topic later in this post.
According to state law in Georgia, initiating probate when a person dies is not mandatory.
If the decedent has only non-probate assets, you may skip the probate process, as they have predetermined beneficiaries or joint owners.
When the owner dies, the financial institutions or the trustee will distribute these assets to the designated recipients by default.
You can also avoid opening a probate proceeding by filing a petition for an order declaring no administration and informing the court that you would want to bypass the probate.
If you are eligible to file this petition, each party must agree to a written distribution plan and certify that the estate has no unpaid debts.
However, if the deceased person has a will, you must present the original document to the appropriate Probate Court. In Georgia, there is no specific timeframe for how long is a will valid after death.
Even if your loved one dies without a will, the decedent’s estate should still go through probate because completing this process can help protect the deceased person’s assets and will avoid problems between the decedent’s heirs.
Without completing probate, no one can settle liabilities and transfer or sell estate properties, and in the long run, this situation affects the late person’s family and heirs. There may also be cases where financial institutions freeze the deceased person’s accounts until the court appoints an administrator or executor to handle the estate administration.
While probating may seem a daunting option, and many factors can influence how long can you keep an estate open after death, it can ultimately save you potential headaches down the road.
In general, the steps of the probate process are:
If the deceased has a will, the nominated executor files a petition for probate, death certificate, and will with the court, asking to be appointed formally to act on behalf of the estate.
The court will process the documents once they have received them. The probate judge will open the case and typically will appoint the executor.
All heirs must be notified that the petition has been filed, allowing them to object to it and challenge the will.
If there is no will, a family member will file a petition seeking administration of the estate.
All heirs will receive a notice of administration. The Probate Court will appoint an administrator to settle the deceased’s estate.
Once the personal administrator is appointed, he must notify all beneficiaries, heirs, creditors, and other interested parties that the estate is in probate.
According to Georgia estate law, the administrator/executor must run a creditor/debtor ad in a local newspaper for four weeks. This ad will inform the creditors that they have three months to file their claims, during which time the estate will remain open to allow them to come forward.
The personal representative will gather and appraise all the deceased’s estate assets, which might include:
When the estate is complex, the personal representative may hire professional appraisers to help them determine the actual value of properties and other personal belongings of the late person.
During the estate settlement, the appointed executor or administrator has to collect all the money owed to the estate, such as rents and outstanding paychecks.
He must also review and pay all the bills, debts, and applicable taxes. He also must file a final income tax return on the estate.
The personal representative might consider selling the decedent’s assets that are included in the estate if there needs to be more money in the estate account.
Once all the outstanding debts, expenses, and claims are cleared, the executor will distribute the remaining assets to the beneficiaries as directed by the will.
If the decedent died intestate, the administrator will distribute the remaining inheritance to the heirs, according to the Georgia intestacy law.
Once everything is distributed, the administrator or executor will file a petition for discharge with the probate court, including all the financial recordings and all the receipts, to the court.
The court will review the petition and, if everything is in order, will issue an order, officially closing the estate and discharging the personal representative.
In Georgia, the probate process can be typically broken down into three stages, each of them with its own timeline:
The court appoints an executor or an administrator to manage the late person’s estate. Beneficiaries and heirs have the possibility to:
The timeline of the appointing stage can be influenced by several factors, such as:
Courts may have different timelines that could also influence how long can you keep an estate open after death.
This is the longest stage as most of the work is done here, such as:
During this stage, the executor or administrator distributes the remaining assets to beneficiaries and heirs.
As mentioned before, typically, it would take an average of 12 to 18 months to handle an estate from when the initial petition is filed regarding opening probate to when the estate is formally closed.
You should keep in mind that every probate process is different, making it hard to tell how long it will last. However, there are some natural delays in handling an estate, such as:
While these things happen, the executor should provide status updates to the beneficiaries and heirs so everyone knows the actual situation.
The deceased’s family members typically want the process to move along, as this means they can receive their inheritance and close a tragic chapter in their life.
If the deceased’s personal representative doesn’t start the probate process or the estate has been opened but is not handled correctly, that is a cause for concern.
Especially if it has been over a year and progress has not been made. It is also very concerning if the executor or administrator is unwilling or unable to provide a status update to beneficiaries.
In this situation, it is more likely that the heirs and beneficiaries will want answers and may want to consider taking action against the estate’s executor or administrator. When this happens, we recommend hiring a probate lawyer who can seamlessly handle the entire probate process, help you understand your rights, and guide you on the right track.
The probate process can be an emotionally stressful experience, and even though there is no deadline to establish an estate in Georgia, there are still specific steps that must be taken and deadlines that must be met.
At Georgia Probate Law Group, we provide steady guidance to protect our clients from wasting energy, money, and time, and we strive to ensure that the process respects the wishes of your loved ones.
Have you more questions about how long can you keep an estate open after death or need help to settle an estate? Call us at (770) 796-4685 or schedule a consultation to speak with one of our team members about your specific situation. Our experienced probate attorneys are always here to help you.
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Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.
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