Dear Georgia,
My condolences on the loss of your sister. I practice in illinois so I'll be sharing a general overview from the perspective of IL law, so please consult with an attorney in your home state to ensure the exact specifics of GA law.
What the insurance company seem to be asking for is an "order for summary administration." Such an order is obtained by you filing a petition for summary distribution for such in at the clerk's office at the county circuit court in which your sister was a resident.
Short Version: 1) You file a Petition & get a hearing date; 2) You publish notice of the hearing date; 3) Hearing is held & at conclusion the Court rules and issues you an Order for Summary Administration....or not; 4) You take the Order to the bank and collect.
Long Version: Summary distribution is used ONLY when there is a small estate involved. The petition should state that the value of the estate (real and personal property does not exceed $100,000 (in IL) - this amount maybe lower or higher in your sister's jurisdiction; there is no unpaid claims against the estate OR all of your sister's creditors known to you as petitioner are listed on the petition w/the amounts owed listed; no person is entitled to a surviving spouse or child's award or if such is allowable, those individual's names and amounts due are listed; all of your sisters heirs have consented in writing to summary distribution; each distributee gives bond in the value of his/her distributive share....this one is only applicable if your sister left children and if there are no children, it's applicable if there are more siblings than just you and if one or both of your sisters parents are living....The distribution would be determined by intestacy distribution laws for your state); you as petitioner are required to publish notice for 3 successive weeks in the same county in which the petition is filed informing all persons of death of the decedent (your sister herein), that you've filed for summary administration and of the date, time and place of the hearing on the petition you have filed.
At the hearing, the court may determine the rights of the claimants and other persons interested in the estate, direct payment of claims and distribution of the estate on summary distribution and excuse the issuance of Letters of Office or revoke the letters which have been issued....and subsequently issue an Order od Summary Administration.....which you then take to the insurance company.
Inquire if your state offers what's called a "Small Estate Affidavit" and if your sister's estate qualifies AND if the bank would accept such...it would be faster and more economical for you. Best wishes to you. Hope the information was helpful.
Answered on Oct 19th, 2012 at 1:48 PM