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.
The key benefit for using this petition estate administration can be skipped completely, if it is accepted. In Georgia probate court, this petition is one of the fastest petitions available.
This probate petition can be utilized in cases where the deceased 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 there are no outstanding debts of the estate. If there are outstanding debts, then they must certify that all of the creditors have agreed to the petition. If the petitioner is unable to make that certification to the probate court, then the probate court must send all of the creditors of the estate written notice of the proceedings. The probate 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 probate court usually grants the petition if two things occur; all heirs are in agreement and the estate does not have any debts. 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.
In these reports we have now discussed all three of the petitions that are available when there is a will in place, and the two petitions that are available when there is no will. In our next issue, we will introduce the first of two special petitions. These petitions are available for you to use regardless of whether your loved one had a will. In some circumstances, these two petitions can make a big difference.
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