When a person dies intestate – without a will, a family member can file a Petition stating that no administration is necessary. This allows smaller estates to avoid the probate process. The person must file the petition and pay the filing fees in addition to some other requirements.
Listing all Heirs
The petition must list all heirs and their addresses. The petition must also list anyone’s age who is 18 years or older. If you are not sure who the heirs are, you should fill out an heir determination worksheet. The worksheet helps you list your relatives and whether they are alive.
List Assets and Liabilities
You must list all of the decedent’s assets and liabilities. If the decedent owes any creditors, you cannot file a No Administration Necessary petition unless the creditor agrees to the petition. You must attach a signed agreement as to the distribution of the assets to the petition. All of the heirs have to agree and sign the petition. The signatures must be notarized.
The list of property must include all personal and real property the decedent owned. You must also provide a description of the property, account numbers, legal descriptions for real property, and vehicle identification numbers for vehicles.
If an heir cannot or does not want to agree to the division of the decedent’s assets, you cannot file a No Administration Necessary petition, and the estate must go through the full probate process.
Filing the Petition
Once you file the petition, the court will review it and let you know if there are deficiencies. You will have to correct the deficiencies before proceeding. Some deficiencies invalidate the petition and require that the estate go through the full probate process.
Once the probate court is satisfied that everything looks to be in order, it will sign an order on the petition, and then you can distribute the decedent’s assets.
Contact a Georgia Estate Planning Attorney
If you believe that you can file a petition for no administration or wish to determine if this petition is correct for you, contact us at 678.781.9230 to help you complete the process.
Disclaimer
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