Do I need to probate a relative’s will in GA if the only asset is a mortgage she was holding for the person who bought her house?
I can’t speak to Georgia, but typical probate includes listing all assets and liabilities, collecting assets, paying bills owed by the decedent (assuming the decedent left sufficient funds for that…if not, the state will have a prioritized lists for paying debts), then distributing the remainder of the estate to the heirs…either as specified in a will, or by the order prescribed by state law. A tax return for the current year will need to be filed. There may be more required, depending on the state. In the two states where I have dealt with probate, we had to place notices of the death in a newspaper, asking creditors to contact our attorney. One state required someone to testify in court.
Also, the heirs are not responsible for any debts owed, but the estate is, and it cannot be distributed until debts are paid.
There is a required minimum time to settle an estate…to allow creditors to put forth their claim. I had medical bills for my mother sent 2 years after she passed. I told them to pound sand. They had had the opportunity, and not sent bills until 2 years later. Did she owe it at the time of her death? No idea, but it was long past the time allowed by the state, and the estate had been finalized. I received a bill for recovery of my husband’s body…also well after the time allowed, and the estate settled, but it seemed appropriate, and I paid it.