The petition for order declaring no administration necessary is used to skip the probate process entirely. It is used for very small estates and when all of the parties involved agree to a written distribution plan.
Filing of this petition is only possible under limited circumstances and the requirements are strict.
Benefits of Filing a Petition for Order Declaring No Administration Necessary in Georgia
If this petition is accepted, the key benefit is that estate administration can be skipped completely. In Georgia probate court, this petition is one of the fastest petitions available.
Process
This probate petition can be utilized in cases where the deceased person had no will and all of the heirs agree upon the distribution of the estate. If all of the heirs cannot agree or will not agree, then you are unable to use this probate petition.
A written plan is required to be filed by the petitioner with the probate court. This written plan must show how all of the property of the estate will be disbursed.
In addition, the petitioner must certify to the probate court that the estate has no outstanding debts. If there are outstanding debts, they must also certify that all of the creditors have agreed to the petition.
If the petitioner is unable to make that certification to the probate court, the court must send written notice of the proceedings to all of the estate’s creditors. The court must deny the petition if any of the creditors object to the petition. In that case, the petitioner will need to file a different probate petition, such as the petition for letters of administration.
The court will usually grant the petition if the following items occur:
- All heirs are in agreement.
- The deceased did not have a valid Last Will & Testament.
- The estate does not have any debts.
- Other possible requirements of the court that are not listed here.
The probate court will then order that the property of the estate be distributed in accordance with the written plan submitted to the probate court.
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