Will Probate and Letter of Administration with Will Annexed
This Petition request appointment of an Administrator of the Estate and the Administrator has to follow the direction of the Will when disturbing the Estate assets. It is filed when and individual has executed a Will, but has failed to name an Executor in the Will; or the Executor does not wish to serve; and there is not an alternate Executor named; or all of the named Executors have predeceased the decedent.
To begin the process, a Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed must be filed with the Court. The Initial Filing Fees must be paid upon filing the petition. Any creditor, beneficiary of the Will, surviving spouse, or interested party can file the petition. The heirs and beneficiaries will need to acknowledge and assent to the petition. The Administrator-CTA will have the rights given in the Will and will be able to carry out the terms of the Will.
NOTE: If you need help determining who the heirs are, you may use the “Heir Determination Worksheet”.
When the petition is filed with the court, the clerk will review the petition and Will. If the petition has any deficiencies, the clerk will contact the petitioner to make the corrections. When the petition is ready for processing, the clerk will serve any heirs or beneficiaries that have not acknowledged and assented to the proceeding. This service will be accomplished by sheriff service, if the person lives in the State of Georgia; by certified mail, if the person lives outside of the state of Georgia and the address is known; and if the address or the person is unknown, by publication. Additional costs will be incurred to serve notices. A hearing will be scheduled. At the hearing, the petitioner will appear in front of the Judge who will discuss the petition. The Judge makes his ruling and signs the Order, administers the Oath of Office to the petitioner, and sign the Letters of Administration with Will Annexed. After all cost of court has been paid, the clerk will issue the Letters of Administration with the Will Annexed to the petitioner.
The filing for the petition must be paid at the time the petition is filed with the Probate Court. The Probate Court accepts cash, money orders, or personal checks made payable to “Bryan County Probate Court.” Any balance of court cost must be paid prior to the Order being issued.