In re: Estate of Ehlers - Fifteen days of default apply to year’s support proceedings in probate court

Posted: December 17th, 2007 by Gaslowitz Frankel LLC

In re: Estate of Ehlers 1

A widow died with her petition for a year’s support from her late husband’s estate still pending. The executor of the widow’s estate, who also was the executor of the husband’s estate, filed an amendment to the year’s support petition. Upon the filing of the petition, the probate court issued a citation to the executor to show cause why the petition should not be granted. The court ordered that the executor of the estate of one of the husband’s sons was entitled to notice of the citation by mail. That executor objected to the amended petition, but the probate court dismissed the objection as untimely. The written objection was required to be filed in the probate court no later than ten days from the date the executor received service by mail. When no written objection was filed by that time, the year’s support proceeding automatically became in default. Six days later, however, the executor opened the default by the payment of costs and the filing of defenses objecting to the amendment. The Court of Appeals held that the provisions of the Civil Practice Act relating to the opening of default judgments as a matter of right within fifteen days of default apply to year’s support proceedings in probate court. Thus, the objection filed by the executor pursuant to the notice was timely, and the probate court’s dismissing it without ruling on the merits was error.

1 2007 WL 4357730 (2007)

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✩ FAQ: Estate Administration Overview

Posted: December 3rd, 2007 by Gaslowitz Frankel LLC

An estate is the total amount of property owned by a person (the “decedent”) at his or her death. In most states, including, Georgia the probate court oversees the administration of a decedent’s estate. Estate administration is the process of probating the estate of a decedent, which includes inventorying the property, paying and collecting debts, filing estate taxes, and distributing the remaining assets to beneficiaries.

If a decedent leaves a valid will, the will generally names an executor to handle the administration of the estate. The estate assets are distributed by the executor in accordance with the provisions of the will and under the supervision of the probate court.

If a decedent does not leave a will, or if the will is found to be invalid for any reason, the decedent is said to have died “intestate.” The state’s inheritance laws determine how the estate assets are distributed, and the probate court appoints an administrator to administer the estate.

Some types of assets do not have to go through the probate process, including life insurance, tax-deferred retirement plans such as IRAs and 401(k)s, and property owned jointly with a right of survivorship. These non-probate assets are usually directly payable to a named beneficiary or co-owner. Additionally, property held in a revocable living trust does not have to go through probate.

For large and complicated estates, probate can be time-consuming and costly. Most states, including Georgia, provide a streamlined and less expensive process for smaller estates. No matter what the size of the estate, however, dealing with the probate process and preserving estate assets requires an understanding of probate and tax laws. If you are involved in any way with administering an estate, you should contact, an attorney with experience in probate and estate administration for guidance.

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