Probate Administration Reference
Here’s a general breakdown of activities of the key players and their responsibilities during the cycle of the probate procedure in Georgia.
Table 1 – Estate Initiation
| Event | Key Player | Action | Explanation |
|---|---|---|---|
| 1 | Decedent | Death Event Occurs | Death initiates estate administration under Georgia probate law (Georgia Title 53). |
| 2 | Probate Court | Receive Filing | The court receives the probate petition and validates submitted documents. |
Table 2 – Testate Path (Will Exists)
| Event | Key Player | Action | Explanation |
|---|---|---|---|
| 3A | Probate Court | Validate Will | The court determines the will is legally valid. |
| 4A | Executor | Receive Letters Testamentary | The executor receives authority to act on behalf of the estate. |
| 5A | Executor | Administer Estate | The executor manages assets, liabilities, and estate obligations. |
Table 3 – Intestate Path (No Will Exists)
| Event | Key Player | Action | Explanation |
|---|---|---|---|
| 3B | Probate Court | Determine Priority | The court identifies the proper person to serve as administrator. |
| 4B | Administrator | Receive Letters of Administration | The administrator obtains legal authority to manage the estate. |
| 5B | Administrator | Administer Estate | The administrator performs fiduciary duties required by law. |
Table 4 – Estate Administration Tasks
| Event | Key Player | Action | Explanation |
|---|---|---|---|
| 6 | Executor / Administrator | Marshal Assets | Gather and secure estate property. |
| 7 | Executor / Administrator | Open Estate Account | Create estate financial accounts for administration. |
| 8 | Executor / Administrator | Inventory Assets | Identify and document estate assets. |
| 9 | Executor / Administrator | Maintain Records | Maintain fiduciary accounting and records. |
Table 5 – Notice and Claims Process
| Event | Key Player | Action | Explanation |
|---|---|---|---|
| 10 | Executor / Administrator | Notify Heirs | Interested parties are formally informed of estate proceedings. |
| 11 | Executor / Administrator | Notify Beneficiaries | Beneficiaries are informed regarding inheritance rights. |
| 12 | Creditors | File Claims | Creditors submit claims against the estate. |
| 13 | Executor / Administrator | Review Claims | Claims are approved or denied according to law. |
Table 6 – Distribution and Closure
| Event | Key Player | Action | Explanation |
|---|---|---|---|
| 14 | Executor / Administrator | Pay Debts, Taxes, Expenses | Approved obligations are paid before distribution. |
| 15 | Executor / Administrator | Liquidate Assets (if required) | Assets may be sold if cash is needed to satisfy obligations. |
| 16A | Executor | Distribute Per Will | Assets are distributed according to the will. |
| 16B | Administrator | Distribute Per Intestacy Law | Assets are distributed under Georgia intestacy statutes. |
| 17 | Executor / Administrator | File Final Accounting | A final report is submitted to the probate court. |
| 18 | Probate Court | Issue Discharge Order | The fiduciary is released from further duties. |
| 19 | Estate | Estate Closed | The probate administration process is completed. |
The tables represents the Georgia probate estate administration sequence of events with two primary key players which explains the following:
- The tables correctly separates:
- Testate path for executors with a will
- Intestate path for administrators without a will
- Litigation/dispute contingencies
- Asset insufficiency contingencies
- Shared administrative tasks occur after appointment of either:
- Executor, or
- Administrator
- Distribution occurs only after:
- Claims review
- Debt/tax payment
- Dispute resolution
- Estate closure occurs only after:
- Final accounting
- Petition for discharge
- Court approval
The ordering above reflects the actual chronological order of sequence represented of events during the Georgia Probate Process.