Sometimes, but not always, there may need to be a Personal Representative appointed by the Court in order to handle a Deceased person’s affairs. The following information is intended to help you understand some of the probate terms used when handling the Estate of a Decedent.
There are various names of County Probate & Estate Offices throughout the United States. The office may be called Circuit Court, Clerk of Probate Court, Orphans Court, Probate Court, Probate Office, Register of Wills, Registry of Probate or Surrogate Court.
Probate Rules, Regulations and Procedures can differ from State to State. Also, Probate Procedures can differ from County to County in Georgia. The staff of the Probate Court does not answer your questions about the process or petition because the Probate Court cannot give you legal advice. Instead, you should consult an attorney to determine which Probate Court to file with and which form you will need to file.
Most Probate Courts will require a Certified Copy of the Death Certificate to be filed with your Petition. There will also be filing fees associated with any Petition filed with the Court. There are situations when the filing fee will increase. For example; If the Court has to perform service on an heir or a Guardian Ad Litem must be appointed, additional fees will be required.
Below, you will find some terms used during the Probate Process:
- Probate: The Legal process whereby a will is “Proved” in a Court and accepted as a valid public document and is the true last testament of the deceased. It is the first step in the legal process of administering the estate, resolving all claims and transferring of property.
- Estate: All of the Real Property, Personal Property and Debts left by the Decedent.
- Personal Representative: Person(s) who is responsible for managing financial affairs on behalf of another person.
- Executor: Person(s) appointed in a will to manage financial affairs on behalf of the Testator.
- Administrator: Person(s) appointed by the Court to Manage, Settle and Dispose of the Estate of an intestate (a person who has no Will), Deceased person, Debtor or Other Individual. The Administrator may be nominated by the Heirs at Law.
- Beneficiary: Person(s) named in a Will designated to receive Real or Personal Property/Benefits from an Estate.
- Letters of Testamentary: A Court Document issued by the Court legally authorizing the Executor to Discharge all Duties and Exercise all Powers of the Executor under the will of said Decedent.
- Letters of Administration: A Court Document issued by the Court legally authorizing the Administrator to settle the estate of said Decedent who has no Will.
We work with families to settle the estates of their loved ones. Call us today to schedule a time to discuss the estate of your loved one.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as 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.