Probate Procedure

Most courts require an attorney; however, check with your Probate Court at the courthouse in which the deceased lived.

 

With a Will:

  • Have will probated at probate court in the county where the deceased resides.
  • Supply all direct heirs names & addresses
  • Court notifies all heirs
  • Witness of will must sign interrogatories
    • If objections:
      • Hearing and court decisions
    • No objections:
  • Executor or Executrix appointed by letters testamentary
  • Executor or Executrix then does what will says
  • Pay funeral expense
  • Pays debts
  • Changes titles on property
  • Distributes assents to Heirs
  • Assents may need to be liquidated so expenses & debts can be satisfied.
  • Balance of monies distributed to heirs

 

INTESTATE, without a will:

  • Administration
  • Any Heir or person not necessarily related, notify all heirs
  • Run citation for 4 weeks in legals in county of residence.
  • Court appoints administrator with letter of administration
    • Pays funeral bills
    • Debts
  • All other assents distributed among direct heirs
  • After 6 months and all assents disbursed, court will dismiss
  • Order of inheritents:
    • Spouse
    • Children
      • If child is deceased-their children
  • Not married:
    • Father
    • Mother
    • Brother (if deceased – niece or nephew)
    • Sister (if deceased – niece or nephew)

ESTATE TAX

  • For the years 2004-2005, estates with a value of one million, five hundred thousand dollars ($1,500,000.00) or more must file 9 months from the date of death and tax is due with the return.
  • For the years 2006-2008, estates with a value of two million dollars ($2,000,000.00) or more must file 9 months from the date of death and tax is due with the return.
  • For the year 2009, estates with a value of three million, five hundred thousand dollars ($3,500,000.00) or more must file 9 months from the date of death and tax is due with the return.
  • For the year 2010, there is no limit.
  • For the years 2011 and after, estates with a value of one million dollars ($1,000,000.00) or more must file 9 months from the date of death and tax is due with the return.

STOCKS & SECURITIES

Stocks and securities will require an authorized security broker to liquidate of exchange these assets.

PERSONAL PROPERTY & REAL ESTATE

If the personal property and real estate need to be liquidated it is advisable to call a marketing specialist.  An auction marketing specialist cannot only offer you professional sales advise, but also a specific time frame to market the property.

If Piché Auction & Realty LLC can be of any service to you,
please don’t hesitate to contact us. We work for you!

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Piché Auction & Realty LLC 

2713 Hwy 72 E.
Comer GA, 30629

P.O. Box 588
Danielsville GA 30633

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info@picherealtyauction.com

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