Many people believe that when a loved one dies and leaves behind a will, they simply need to read the will and distribute assets. Unfortunately, the process is far more complex than that. In most cases, a person’s estate will need to go through the probate process.
Probate is a court-supervised process, but it also requires a significant amount of administrative work from the decedent’s personal representative or executor. A probate administration attorney can offer legal guidance to the personal representative and help them avoid costly errors.
While it’s always a good idea to work with an experienced estate planning attorney, it can be helpful to have a general understanding of the probate administration process before you begin. A probate administration checklist can help you discover how to handle a loved one’s estate after death.
Quick Overview: What Probate Administration Involves in Georgia
Are you wondering what’s on an estate administration checklist? Here’s a quick rundown of how the estate administration process works in Georgia:
- You file a petition for probate
- You send a notice to creditors and beneficiaries
- The court grants the executor (a person named in the will) or administrator (a person appointed by the court) the authority to act on the estate’s behalf
- The executor or administrator identifies and appraises all estate assets
- They review claims from creditors and pay legitimate outstanding debts
- They pay any taxes due (including federal estate taxes)
- They distribute remaining assets to beneficiaries
- They file a petition to formally close the estate
That’s a general overview, but keep in mind that your actual executor duties checklist can vary from person to person. For instance, if the decedent left behind multiple outstanding debts or owned properties in multiple states, estate administration may be considerably more complex.
Immediate Steps After Death (First 72 Hours Checklist)
The probate process can be extremely long and complex. However, diving into a comprehensive probate administration checklist, there are some first steps you’ll need to take immediately after your loved one’s death.
Locate the Will and Other Key Documents
If the decedent has a will or you believe they do, it’s important to do what you can to locate it immediately. Many people include funeral and burial instructions in their wills. Typically, a decedent will store their will with their other estate planning documents, but keep in mind that this isn’t always the case.
Make Funeral Arrangements
Sometimes, a person may prepay for funeral arrangements as part of their estate plan. Alternatively, they may have purchased burial insurance, which should cover some or all of the burial or funeral costs.
If the decedent didn’t have funeral plans, Georgia law dictates who has the authority to make funeral arrangements. The hierarchy goes as follows:
- The decedent’s chosen health care agent
- Another person the decedent has nominated using an affidavit
- The decedent’s surviving spouse
- The surviving adult children of the decedent
- The surviving parent(s) of the decedent
- The surviving sibling(s) of the decedent
- The surviving grandparent(s) of the decedent
- The decedent’s appointed guardian (if they had one at the time of death)
- The decedent’s personal representative
If you make funeral arrangements, keep copies of all receipts. In some cases, the estate bank account may reimburse you for funeral costs.
Secure Valuables
In many cases, months or even years may pass before it’s time to distribute assets to beneficiaries. In the meantime, you’ll need to protect the decedent’s home, vehicles, and other valuable assets from vandalism and theft.
Obtain Multiple Copies of the Death Certificate
In most cases, banks and other financial institutions will need a certified copy of the decedent’s death certificate before releasing any money or property. If the decedent had any life insurance policies, the insurance company will need to see the death certificate.
There are several ways you can get copies of the decedent’s death certificate. Many funeral homes are equipped to help you do this. Alternatively, you may get copies through the Georgia Office of Vital Records or your local health department.
Find Temporary Care for Pets and Minor Children
If the decedent had pets or minor children, they may have named guardians for them in their will. However, it may not be possible for those guardians to step in immediately. Make sure minor children and pets are safe with family members or close friends while you work to make more permanent arrangements.
Determine Short-Term Cash Needs
If the decedent was their family’s breadwinner, their immediate family may need access to some of the estate funds to pay expenses and ongoing financial obligations. The decedent’s executor may be able to help them access funds in joint financial accounts or life insurance proceeds.
Death Certificates and Essential Legal Documents
This is one of the most critical steps on a probate process steps checklist. Throughout the probate process, you’ll need several legal documents. These are some common examples:
- The original will
- Any existing trust documents
- Statements for all financial accounts
- Property deeds for real property
- Titles for vehicles or mobile homes
- Copies of the decedent’s recent tax filings
- A list of all known creditors and the amount owed to each
If the decedent has a complex estate or did not organize their estate planning documents well, it may be worth consulting a probate attorney to verify that you’ve found all needed documents.
Filing Probate and Opening the Estate
Once you’ve completed the initial steps after your loved one’s death and gathered the documents you need, the real probate estate settlement process begins.
In Georgia, there are two types of petition for probate that you may file:
- Petition to Probate Will in Solemn Form: Used if the decedent left a valid will
- Petition for Letters of Administration: Used if the decedent died without a will
Georgia has standard forms you must fill out when filing a petition for probate.
Any complete “what to do when someone dies” checklist for executors will note that Georgia requires you to notify designated beneficiaries and heirs as well as creditors of the decedent. If named beneficiaries live in Georgia, the notice may be delivered to them by a local sheriff. If they don’t live locally, the notice may be mailed.
Notices to creditors are typically published in a local newspaper, and creditors have three months to file claims against the estate.
Once the petition is approved, you’ll need to open an estate bank account. The IRS should generate an employer identification number that you can use for the account.
It’s important to wait until you’ve established the estate bank account to transfer any money from the decedent’s accounts. Commingling estate funds with your own breaches your fiduciary duty.
Inventorying and Managing Estate Assets
This is one of the more tedious steps for administering an estate. Checklists should always include it, though. Before you can distribute assets, you must gather them and have them appraised. As an executor or estate administrator, you’re required to take reasonable steps to protect the decedent’s assets and preserve their value.
In Georgia, you generally have six months to complete this step. If the decedent’s estate is relatively straightforward, taking an inventory of all assets may be fairly easy. However, there are many possible complications you may run into along the way.
More people than ever have digital assets, including cryptocurrency and online financial accounts. Some people include a list of their digital assets (along with access instructions) with their estate plan. If you’re having trouble accessing the decedent’s digital assets, your attorney may be able to help.
Another common issue is accurate appraisal. If the decedent left behind rare collectibles or fine art, you may need to locate multiple professionals to give you accurate valuations of each item.
Financial Administration: Bank Accounts, Debts, and Taxes
The financial part of the estate administration process is particularly important. As the decedent’s personal representative, you have a fiduciary duty. That means you’re legally and ethically obligated to act in the best interests of the decedent and their estate.
A fiduciary duty of an executor checklist includes:
- Duty of Loyalty: You must act in the best interests of the decedent at all times
- Duty to Not Self-Deal: You may not purchase estate assets or use estate funds for personal gain
- Duty of Accounting and Record-Keeping: You must keep thorough, accurate records of estate assets and provide updates to the probate court and beneficiaries
- Duty of Care and Prudence: You must preserve assets and prudently manage them during the process
Many people don’t realize that as an executor, you can be held liable for asset management mistakes, even if they weren’t intentional. Take any executor of estate checklist step by step with the assistance of a probate attorney. They can help you handle tax filings and other legal responsibilities.
Paying Debts and Distributing Estate Assets
Next on a probate checklist for executors is paying outstanding debts and distributing assets to beneficiaries. Remember that creditors have three months after you publish a notice in the local newspaper to file claims against the estate.
In some instances, the estate might not have sufficient funds to pay all debts. That’s why Georgia has established an order in which debts and other estate expenses must be paid:
- Probate fees, court fees, and executor compensation
- Funeral and burial costs
- Federal, state, and local taxes
- Secured debts (like mortgages or car loans)
- Unsecured debts (like credit card balances or personal loans)
Once these debts have been paid, you may move on to the asset distribution phase. The remaining assets in the estate must be passed to the beneficiaries named in the will. If the decedent died without a will, the remaining assets will be distributed according to intestate succession laws.
Once the assets in the decedent’s estate have been distributed, you might think that you’re finished with your role of executor. However, you’ll still need to follow legal requirements for formally closing the estate. A good closing an estate checklist can help.
Closing the Estate and Final Administrative Wrap-Up
Now, you’ve reached the last steps of your personal representative duties checklist. Once you’ve successfully seen the estate through probate and distributed all remaining assets, you must file a Petition for Discharge of Personal Representative with the court.
In this document, you attest that you have completed your duties and ask the court to close the estate. Closing the estate will release you from your fiduciary duty and protect you from liability. The decedent’s heirs and beneficiaries must sign an acknowledgment. If any of the estate’s creditors have not been paid, you must list the reason why.
Once you’ve filed the petition, the court will review it. Assuming there’s no issue preventing the estate’s closure, the probate court will then issue a formal order closing the estate. Once this step is finalized, your settling an estate checklist is complete.
Looking for Assistance With Probate Administration?
Probate administration checklists can give family members a general idea of how to proceed after the death of a loved one. However, each family’s situation is different, and you may encounter unique challenges as you work to resolve your loved one’s estate.
That’s why it’s so important to have a knowledgeable estate planning lawyer working with you. Horizon Law Firm is dedicated to helping Georgia individuals and families understand and navigate estate administration and probate proceedings.
If you’ve just experienced the death of a loved one or you need to create estate planning documents yourself, we’re here for you. Contact us today to set up a meeting.
