Georgia Probate Terms

Glossary of Terms

The following definitions are provided to help families understand common probate terms. You may come across or hear these terms while navigating the probate process, however some terms may have different meanings in other legal situations.

Georgia Probate Terms
Term	Definition	How It Affects Families
Heir	Person entitled to inherit under Georgia law	Receives assets when there is no will
Beneficiary	Person named in a will to receive assets	Receives specific gifts or share of estate
Decedent	The person who has passed away	The individual whose estate is being settled
Probate Court	Court that oversees estate administration	Where all filings and hearings take place
Final Return	Accounting filed showing all transactions	Gives beneficiaries full transparency
Discharge	Court order releasing executor from duties	Signals the estate is officially closed
Appraisal	Professional valuation of estate property	Determines fair market value for distribution
Distribution	Transfer of assets to heirs or beneficiaries	The step where families receive inheritance
Insolvent Estate	Estate with more debts than assets	Heirs may receive nothing after debts are paid
Surety	Company backing the executor's bond	Provides financial guarantee to the court
Citation	Court notice requiring someone to appear	Used when executor fails to file on time
Waiver	Voluntary giving up of a legal right	Heirs may waive notice to speed up process
Residuary Estate	Assets remaining after specific gifts paid	Divided among residuary beneficiaries
Executor	Person named in the will to manage estate	Carries out the wishes of the decedent
Personal Representative	Person appointed to manage the estate	The family member handling all responsibilities
Letters Testamentary	Court document granting authority to act	Without it, banks won't release assets
Letters of Administration	Authority granted when there is no will	Allows the administrator to act for the estate
Intestate	Dying without a valid will	Georgia law decides who inherits
Testate	Dying with a valid will in place	The will guides how assets are distributed
Fiduciary Duty	Legal duty to act in the estate's best interest	Executor can be personally liable if breached
Marshaling	Gathering and securing all estate assets	Delays can lead to lost property
Inventory	List of all estate assets filed with court	Gives families transparency on what exists
Year's Support	Allowance for surviving spouse/minor children	Provides financial protection during probate
Creditor Claim	Demand for payment from someone owed money	Must be paid before inheritance is distributed
Notice to Creditors	Published announcement inviting claims	Starts the clock on creditor deadlines
Bond	Insurance protecting estate from mismanagement	Safeguards beneficiaries from executor errors
Petition	Formal request filed with Probate Court	Initiates the probate process for the family
Caveat	Formal objection filed against a will or petition	Can delay probate if a family member objects
Solemn Form Probate	Probate with notice to all heirs and a hearing	Provides stronger legal protection against challenges
Common Form Probate	Probate without a court hearing	Faster but can be challenged within four years
Guardian-ad-litem	Court-appointed representative for a minor or incapacitated person	Protects interests of those who cannot speak for themselves
Incapacitated Adult	Person unable to manage their own affairs	May need a guardian appointed by the court
Real Property	Land and anything permanently attached to it	Often the most valuable asset in an estate
Power of Attorney	Document granting authority to act for another	Expires at death and cannot be used in probate
Will	Legal document stating how assets should be distributed	Guides the entire probate process when valid
Personal Property	Movable assets not attached to land	Includes vehicles, jewelry, furniture, and accounts
Estate	All property and debts left by the decedent	Everything the court oversees during probate
Administrator	Person appointed when there is no will	Has same duties as an executor under Georgia law
Minor	Person under the age of 18	Cannot inherit directly and may need a guardian
Specific Bequest	A named item left to a named person	Must be distributed exactly as stated in the will
Intestate Succession	Georgia law determining who inherits without a will	Follows a statutory order: spouse, children, parents, etc.
Receipt of Distribution	Signed acknowledgment from a beneficiary	Protects the executor from future claims
Petition for Discharge	Formal request to close the estate	Filed after all duties are complete
Objection Period	Time allowed for challenges after petition	Must pass before court grants discharge