Legal Question in Wills and Trusts in Georgia

do i need to open an estate to pay the bills of the deceased


Asked on 3/12/12, 12:28 pm

2 Answers from Attorneys

Maybe. Maybe not. It will depend on what assets the deceased owned. If the deceased had absolutely no assets, then no. In such case, I would write a letter to the creditor or bill collector, advise them that the person had an account (list the account number), that the person died (send a copy of the death certificate), indicate that the deceased had no assets, that probate of the estate is not justified and that you are not personally responsible for this bill. Send the letter via certified mail or by some method that you can confirm that it was sent and that the creditor/collector recieved it.

If the deceased had assets, it will depend on what they owned and how it was titled. It may be that the assets will be exhausted by priority claims. In such case, you will still need to probate the estate and notify the creditor and direct them to file a claim but indicate that any claims may not be paid.

The way to be sure is take the will if any, and a basic list of what the decedent owned and owed to the probate court and speak to the register to see if probate is necessary.

Read more
Answered on 3/12/12, 2:24 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Maybe depending on whether the deceased had assets and whether the debts exceed or do not exceed the assets. A short consultation with a lawyer may be very useful.

Read more
Answered on 3/12/12, 8:27 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia