QUESTION

Probate after 23 years

Asked on Sep 23rd, 2024 on Wills and Probate - Georgia
More details to this question:
State of GA Treasury Dept holds funds from Fidelity Investments that my father left to me (sole heir) but was unaware of this investment. He passed away 23 years ago with no other assets than cash & investments. I just discovered this information last year and have been trying to find a way to get the funds released to me. There was no need for probate after death as I am sole heir (mom also deceased). W hat should I do?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
You need to open your father's estate for probate (if he had a Will) or administration (if he did not have a Will). Your statement that there was no need to probate after his death is apparently incorrect, as there was a Fidelity account that he owned and that had no beneficiary designation on it. That account became part of his probate estate at his death, and without a probate or an estate administration that account stayed in his estate. If you are the sole heir, and if there were no creditors at his death (or if all of any such creditors have been fully paid before now), and if he had no Will, then you might also be able to do a Petition for No Administration Necessary, instead of a full administration. But you may not be able to get the needed information for that Petition without an estate representative who is able to get that information from the Georgia Treasury Department. Hire an experienced probate attorney to help you with this. Best wishes to you.  
Answered on Oct 22nd, 2024 at 7:05 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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