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Probate Proceedings: Wills and Estate Planning

GLOSSARY OF TERMS

Administrator The person who administers a decedent's estate when there is no will.

Administrator With Will Annexed. The person, other than an Executor, who administers a decedent's estate when there is a Will (the Will fails to name an Executor or the named Executor cannot or will not serve).

Decedent The deceased person.

Executor The person who administers a decedent's estate when there is a Will.

Heirs Those persons who would inherit the estate of a decedent if there were no Will under the rules of descent and distribution. "Heir" does not mean the same thing as "beneficiary", although an heir may also be a beneficiary.

Intestate Without a Will.

Letters Testamentary/Letters of Administration The official document issued by the Probate Court evidencing the authority of an executor or an administrator.

Personal Representative Any executor, administrator, guardian or trustee, but not a temporary administrator.

Probate The court procedure by which a Will is proved to be the valid last Will of a decedent; also used generically to refer to the legal process of administering a decedent's estate.

Probate Court The Court having jurisdiction over proceedings to administer the estate of a decedent; also has other jurisdiction.

Proceeding Pro Se Representing yourself in court without an attorney

Testator A person who has made a Will.

Will A document, signed with the formalities required by Georgia law, by which a person makes disposition of his property, to take effect after his death.

Duties of Personal Representatives

This pamphlet is to acquaint persons who may be called upon to serve as personal representatives of a decedent's estate with the duties and responsibilities of such position in Georgia.

What to do When a Loved One Dies

There are a number of different proceedings which may be filed in the Probate court following the death of a Georgia resident or a non-resident owning property in the State of Georgia. Proceedings are filed in the Probate Court of the county of the decedent's residence in Georgia or in the county where property of a non-resident is located. For each proceeding described, there is a standard form, which the Court will provide to any petitioner.

Heirs Determination Worksheet (Fillable PDF format)



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	Probate Proceedings: Wills and Estate Planning GLOSSARY OF TERMS Administrator The person who administers a decedent's estate when there is no will. Administrator With Will Annexed. The person, other than an Executor, who administers a decedent's estate when there is a Will (the Will fails to name an Executor or the named Executor cannot or will not serve). Decedent The deceased person. Executor The person who administers a decedent's estate when there is a Will. Heirs Those persons who would inherit the estate of a decedent if there were no Will under the rules of descent and distribution. "Heir" does not mean the same thing as "beneficiary", although an heir may also be a beneficiary. Intestate Without a Will. Letters Testamentary/Letters of Administration The official document issued by the Probate Court evidencing the authority of an executor or an administrator. Personal Representative Any executor, administrator, guardian or trustee, but not a temporary administrator. Probate The court procedure by which a Will is proved to be the valid last Will of a decedent; also used generically to refer to the legal process of administering a decedent's estate. Probate Court The Court having jurisdiction over proceedings to administer the estate of a decedent; also has other jurisdiction. Proceeding Pro Se Representing yourself in court without an attorney Testator A person who has made a Will. Will A document, signed with the formalities required by Georgia law, by which a person makes disposition of his property, to take effect after his death.	Duties of Personal Representatives This pamphlet is to acquaint persons who may be called upon to serve as personal representatives of a decedent's estate with the duties and responsibilities of such position in Georgia. What to do When a Loved One Dies There are a number of different proceedings which may be filed in the Probate court following the death of a Georgia resident or a non-resident owning property in the State of Georgia. Proceedings are filed in the Probate Court of the county of the decedent's residence in Georgia or in the county where property of a non-resident is located. For each proceeding described, there is a standard form, which the Court will provide to any petitioner. Heirs Determination Worksheet (Fillable PDF format)
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