QUESTION

After Probate runs in the newspaper

Asked on Feb 02nd, 2017 on Wills and Probate - Georgia
More details to this question:
After notification has run in the newspaper. Is there a waiting period before transferring properties?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
I don't know what notice you are referring to; there can be a few different notices that run in any given probate matter. However, I am going to assume you mean the most common one: the Notice to Debtors and Creditors. In that case, YES, there is a waiting period after the Notice to Debtors and Creditors has finished running before you can distribute assets out of the estate or pay debts. The Notice to D & C runs for 4 consecutive weeks. Creditors who the Executor may not have been aware of have 3 months after that final publication date to make themselves known. If the Executor pays lower-priority debts or makes distributions to heirs during this period, and an unknown creditor comes forward and can't be paid in full, the Executor may end up becoming personally responsible for the unpaid portion of the debt. Therefore, I strongly recommend to my clients that they make only VERY limited payments out of the estate before the creditor claims period is over. The things that you can pay are usually things like (1) secured debts, like mortgages or car loans, so that the asset subject to the debt doesn't get lost in a forclosure or repossession, (2) funeral expenses, (3) attorneys fees and court filing fees, and (4) expenses necessary to protect and preserve the estate's assets (like electricity and gas service for a house that may be sitting empty, and insurance premiums to cover the estate's assets. After the creditor claims period is over, then it is usually safe to pay known debts, making sure you pay them in the correct order in case there end up being more debts than assets, file final income tax returns for the deceased person and the estate, and distribute the remaining assets to the heirs (if no Will) or beneficiaries (if there is a Will).  If you are asking whether it's okay to sell assets before the creditor claims period, as opposed to distributing them or using them to pay debts and expenses, then that's a different answer. You generally can sell assets that will be sold before the creditor claims period is over. However, any net sales proceeds need to be deposited into an estate account, and not distributed. If the asset is subject to a secured debt like a mortgage or car loan, the proceeds can be used to pay off that debt at the time of the sale; the rest of the proceeds, however, need to stay in the estate. Of course, the Executor needs to be careful to ensure that she has the power to sell without court approval, or that the needed approval is obtained.
Answered on Feb 03rd, 2017 at 5:15 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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