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Probate:

Administration: This procedure requires notice to all heirs.  A surviving spouse or sole heir is entitled to serve as Administrator, unless disqualified; otherwise, the person selected by a majority of the heirs is entitled to serve, unless disqualified.  Administrators must post bond and file inventories and returns, unless all heirs consent to a waiver of those requirements.  If all heirs consent, the Administrator may be given additional powers and authority.

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Guardians of minor or incapacitated adult heirs may acknowledge service, consent to selection and consent to waive requirements, provided the guardian is not the petitioner.


Probate: The court procedure by which a Will is proved to be the valid last Will and Testament of a decedent; also commonly used to refer to the legal process of administering a decedents estate.



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Years Support: This proceeding may be filed only by a surviving spouse or for minor children of the decedent.   The petition asks that specified property be awarded to the spouse and/or children.  Notice must be given to all "interested persons."  Property awarded as year's support is free of all unsecured debts of the estate and takes precedence over any disposition by Will.  The lien of certain ad valorem taxes on real estate is divested by the award of the property as years’ support.


Administrator: The person who administers a decedent’s estate when there is no will.


Administrator with Will annexed: The person, other than an Executor, who administers a decedent’s estate when there is a Will (the Will fails to name an Executor or the named Executor cannot or will not serve).


Decedent: The deceased person.


Executor: The person who administers a decedents estate when there is a Will.


Heirs: Those persons who would inherit the estate of a decedent if there were no Will under rules of descent and distribution. “Heir” does not mean the same thing as “beneficiary”, although an heir may also be a beneficiary.


Intestate: Without a Will.


Letters Testamentary/ Letters of Administration: The official document issued by the Probate Court evidencing the authority of an executor of an administrator.


Testator: A person who has made a Will.


For more information, you may call us at 706.722.7574 or email us at: Info@BushLaw.net.
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