How to Close a Probate Estate? To File or Not to File?

by | Nov 22, 2016 | Probate

In Georgia, the Executor or Administrator files a Petition to Discharge the Personal Representative to Close a Probate Estate. This Petition is filed after all of the debts, expenses and taxes have been paid, tax returns filed, and remaining assets distributed.

The Petition to close a probate estate typically requests discharge from office and any further liability. Unpaid creditors and heirs or beneficiaries receive notice of the petition and are asked to acknowledge and consent to the Petition.

Benefits of Filing the Petition to Close Probate Estate

  • Unpaid creditors receive notice and they have an opportunity to be heard by the Court.
  • The Final Order relieves the Personal Representative of further liability.
  • Beneficiaries or heirs acknowledge and consent, relieving the Personal Representative or Executor of further liability. If they don’t acknowledge, they receive notice and an opportunity to be heard by the Court.
  • The Court reviews the Personal Representative’s actions and the estate.
  • Once the Final Order is issued, creditors and beneficiaries or heirs no longer have a claim against the estate and/or Personal Representative.

Process

  • The Personal Representative’s Attorney prepares the Petition.
  • The Personal Representative’s Attorney files the Petition including acknowledgments and consents, if any.
  • Unpaid creditors and heirs or beneficiaries receive notice.
  • The Court reviews the estate.
  • The Court issues a Final Order Discharging the Personal Representative if the estate is in order.

We work with individuals and families when their loved one dies to probate the estate. To discuss your specific case, call us today at (678)781-9230 or email us at sgrissom@grissomlawfirm.com to schedule an appointment.

Disclaimer

This Blog/Web Site is made available for educational purposes only. In addition, it is available to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.