Atlanta, GA asked in Estate Planning and Probate for Georgia

Q: Ga, Probate. Can I go ahead and disperse estate funds or do I need permission from the court?

I have been granted expanded powers by the probate court in Cobb County, Ga. I have made the legal postings for creditors, the time has expired and there have been no claims against the estate. I have the funds in an estate account. after tax returns are filed, can I just distribute the funds and request to be relieved of my duty, or do I need to request permission to disperse funds?

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1 Lawyer Answer
James Clifton
James Clifton
  • Estate Planning Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: It depends on the language contained in the order appointing you as administrator or executor. If the order relieves you of the duty of providing inventories and accounting for the funds, you can distribute the funds and request that the court close the case. If you have not been relieved of the duty of providing inventories and accounting for the funds, you will need to submit a motion to disburse along with a proposed order to the probate court detailing how you will disburse the funds to the beneficiaries or heirs and wait for the court's approval.

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