QUESTION

Do I Need To Submit a Notice to Creditors?

Asked on Jun 12th, 2022 on Wills and Probate - Georgia
More details to this question:
As executor of my sister’s (who lived in Fayette County, GA) estate, I filed all the probate documents myself, and everything worked out just fine. Just found out, however, that a Notice to Creditors may/may not have been needed within 60 days of her death, zikes. She passed October 30, 2021, and today is June 12, 2022. Is it still necessary to submit as classified, and if so for how long? The estate taxes for 2021 were done a couple months ago, and our accountant told me I could make the final distribution.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Yes, you must publish the Notice to Debtors and Creditors. That should have been done before you paid the expenses, debts, etc, and you MUST publish it before you make any final distributions, without regard to what your accountant told you. The notice is required by Georgia law. You will publish the Notice in the legal newspaper for Fayette County Georgia. Ask the probate court if you don't know what newspaper that is. The Notice runs once a week for 4 consecutive weeks. After the 4th publication date, there is a 3 month period where creditors who you may not have known about have to make themselves known. Please note, however: If an unknown creditor shows up later, then you still have to make sure they get paid before beneficiaries get paid- the creditor loses its place in line with regard to other creditors if it notifies you of its existence after the claims period is over, but it does not lose its place in line before beneficiaries of the estate.
Answered on Jun 13th, 2022 at 5:28 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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