Macon Estate Administration Lawyer

Comprehensive Legal Guidance to Cover all the Bases of Your Estate

Jen Haskins Law is here to help you understand your objectives, no matter the size and complexity of your estate. Attorney Jennifer Moore will help you to understand the different strategies available to help you effectively distribute your property while also minimizing the tax burden on your estate. Jennifer will prepare all the documents required to establish and implement your estate plan so you can rest easy about your future.

Jennifer works with clients at all stages of the administration of an estate, from the initial filing with the Probate Court to the final distribution of assets. Administration and Probate will typically include the following:

• Petition to Offer the Will for Probate
• Appointment of executor (if appointed in a will) or administrator (if no will)
• Determination of heirship if no will
• Publication of Notice to creditors
• Filing an inventory, appraisal, and/or annual returns with the court, if required
• Payment of liabilities of the estate
• Funding trusts created in the will

Estate administration can be a complex process, so it is best to consult an experienced attorney for legal guidance. Jennifer Moore provides warm and friendly counsel, especially for matters of high importance like the future of your estate, and you can count on the firm to look after your interests.

Schedule an initial consultation with Jen Haskins Law to learn more. Serving Houston and Jones Counties and Central Georgia. Call 478-280-9001!

The Estate Administration Process

The estate administration process may or may not involve probate, which is the court-supervised legal process that gives someone (usually the surviving spouse or other close relative) the authority to gather the deceased person's assets, pay their debts and taxes, and transfer the remaining assets to the named heirs. 

The individual named by the deceased in their will to serve as the “executor” (called a “personal representative” in Georgia) will be in charge of settling all the affairs of the estate. If probate is required, the personal representative must go to court and request to be formally appointed as personal representative. 

The personal representative will take an oath in court, promising to act in the best interests of the estate, and the court will issue a document called "Letters Testamentary" (if the executor was named in the will) or "Letters of Administration" (if the court appoints the administrator). With this document, the personal representative has the duty and authority to:

• collect and inventory the deceased person's assets, and keep them safe
• have the assets professionally appraised, if necessary
• sell some assets, if necessary
• pay valid debts and taxes, and
• give out the remaining property as the will (or if there's no will, state law) directs.

The three main things the personal representative will be responsible for during the estate administration process are:

1. Handling the assets of the estate. The personal representative must keep records of the estate assets, such as submitting receipts, bills, and bank statements to the court. They may also need to provide a detailed inventory of the estate assets and an annual accounting (return) of the estate. Typically, they will also open a bank account for the estate and consolidate all existing cash accounts in that estate account, and the funds will be used to pay estate expenses.
2. Settling debts and taxes. Within 60 days of serving as the personal representative, the individual must publish a note of a possible probate proceeding in the local paper to inform creditors to come forward within 3 months about any debts. The personal representative should also file the decedent’s final state and federal income tax returns, as well as any income tax required for the estate.
3. Distributing the remaining property and closing the estate. Once all debts and taxes have been paid, the personal representative can then distribute the estate assets to the inheritors named in the will. If there is no will, the assets will be distributed to the decedent’s closest relatives.

After all the above steps are completed, the personal representative will file a Petition for Discharge with the court and be formally relieved of their duties, closing the estate and releasing the personal representative from any liability.