What to do when the deceased does not leave a Will?
Do you know what to do when there is no Will?
Is probate even necessary?
In this article, we will answer those questions and more.
My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group.
At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.
What To Do When There Is No Will?
When the Deceased did not leave a Will, there can sometimes be confusion about what to do next and how the Estate will be settled.
Fortunately, Georgia probate law has provisions to deal with that situation.
Opening an estate with the Probate Court is still necessary even when there is no Will.
The reason for this is that unless an Estate is opened with the Probate Court, no one has the authority to handle the Estate property or work with Estate creditors.
That means that real estate cannot be sold or transferred, and an estate sale cannot happen.
So, what to do when there is no will? To obtain authority to settle the Estate, someone will need to be appointed as Administrator of the Estate by the Probate Court.
To do that, a petition will need to be filed with the Court and the Court will need to issue Letters of Administration.
Once the Letters of Administration have been issued, you may proceed to settle the Estate.
Limited Or Expanded Powers?
Depending on whether the Letters grant limited or expanded powers, you may or may not need to go back to the Court to request permission to take certain actions, such as selling real estate.
Everything discussed in this article is for general information and is not legal advice.
If you are in a situation where you’re trying to settle an estate, I recommend you reach out to our office at (770) 920-6030 to set up a consultation. If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.