Legal Question in Wills and Trusts in Georgia

my teenage daughter recently passed away suddenly. she had no will. she had a checking account, how would I obtain a letter of testamentary to release the funds?

Asked on 7/09/13, 11:02 am

2 Answers from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

I am very sorry to hear about your daughter. You should check with the bank to see what they require to release the funds. Depending on how the account was set up, you may already have access as her parent. If they require an estate administrator, this may cost a few hundred dollars to do through the probate court, which may not be as much as in the account. If it is, and they require an administrator, you can probably do this on your own by getting the forms from the probate court, filling them out and filing them.

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Answered on 7/09/13, 2:18 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I'm sorry for your loss. Georgia law allows small accounts to be transfered to heirs without a probate, so ask the bank about that first. Also, if the account was set up properly, with her as a minor, an adult likely was set up in charge, and that adult can access the funds.

If a probate proves necessary, I'd suggest a brief consult with a lawyer to determine if you can go it alone in probate court with coaching or need some help.

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Answered on 7/09/13, 8:34 pm

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