What happens during probate? Is it best to do a publication or not?

Probate is essentially the process of having a Will proven as valid to the court. However, a “probate estate” consists of assets which belonged to a deceased person and were not subject to either a right of survivorship or a beneficiary designation at the owner's death. Those assets must be dealt with by an Administrator if there was no Will. That person is appointed by the probate court for the county where the deceased had her principal residence. If your mother owned her house in her own name, then it became part of her probate estate at her death. The probate estate also includes other assets, such as her clothing, jewelry, furniture, car, and any regular bank or brokerage account, as any assets which became payable to her estate. Her heirs will have to select someone to serve as Administrator (If she had a surviving spouse or any minor children, there may be another option). If all of the heirs agree, then the Administrator can be appointed with a grant of certain powers and a waiver of any requirement that the Administrator post a bond or file inventories and reports with the court. If all of the heirs don't agree, the Administrator can be appointed by a majority in interest of the heirs, but the waivers and the grant of certain powers can’t happen. This makes it more expensive and difficult. Your mother's heirs include her spouse and her children. If a child died before her, the deceased child's children would be heirs in the deceased child's place. File a "Petition for Letters of Administration" with the probate court. There's not an alternative to reporting everything to the court - the Petition for Letters of Administration requires asset information. There is an option called a "Petition for No Administration Necessary" which could be available, but the creditor you mentioned would have to consent to that. In any estate, valid debts owed by the deceased person must be paid before any heir receives anything. Her debts will have to be paid before the house can be distributed to any heirs. If you were planning to sell the house, the creditor can be paid out of the net proceeds. If someone wants to keep the house, you'll have to figure out a way to pay her debts before the house can be distributed. The only way you can refuse to pay the debts is if you reasonably believe that they are not valid, such as if your mother were the victim of identity theft prior to her death. You may be able to negotiate a reduced amount. Whoever wants to take on the role of Administrator should consult an attorney for help, especially if you think there is any possibility that the estate may be insolvent. You can't just walk away from an intestate estate which holds real estate in Georgia - the heirs could become personally liable for expenses which arise with regard to the real estate after the owner's death. If an administration is not handled correctly, the administrator can end up becoming personally liable to the decedent's creditors or heirs.