QUESTION

Probate without court

Asked on Jan 28th, 2023 on Wills and Probate - Georgia
More details to this question:
Can you probate an estate without listing it and going though court if all parties agree?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
No, you cannot deal with an estate without dealing with a probate court, at least not in Georgia. IF there is no Will, and if all parties agree, then sometimes you can file a Petition for No Administration Necessary and deal with the estate that way. But it's still a court proceeding. And if there is a surviving spouse or any surviving minor children, then it might also be possible to have the entire estate dealt with through a petition for year's support, instead of a full administration. But again, it's still a court proceeding. In any other situation, if there is a Will, then the Will must be admitted to probate before anyone has power to deal with the estate, and if there is no Will, then an administrator must be appointed to deal with the estate. If there is nothing in the probate estate because all assets were held by a trust of some kind, then you may not need a court proceeding to deal with the assets, but that's because there is no estate in that case, not because anyone agrees to avoid the court.
Answered on Jan 30th, 2023 at 4:34 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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