The term "Probate" in Western law refers to the court process of validating a will and administering an estate. In Georgia, the analogue of this process is estate administration and execution of the will, which is usually carried out not by a court, but by a notary and an executor of the will. When a person dies, their property, obligations, and assets do not automatically pass to heirs. Formal administration is required: locating assets, paying off debts, settling taxes, and finally, registering the property in the heirs' names. If the deceased appointed an executor, it is their duty; if not, the heirs jointly manage the estate.
The Probate Administration service involves professional legal assistance in managing this bureaucratic and often complex process. This is particularly important when the estate includes complex assets (business, shares), there are significant debts, or heirs live abroad. The lawyer acts as an administrator, ensuring that all legal procedures are performed in compliance with the law, without missing deadlines, and taking into account the interests of the heirs. Legal.ge allows you to find specialists who will take on the technical side of estate management.
What Does Probate Administration Service Cover?
The service covers the full cycle from the moment of death to the registration of ownership rights:
- Locating and Opening the Will: Verifying the existence of a will in the Notary Chamber registry and organizing its official opening procedure.
- Appointment of Executor: If the deceased did not appoint an executor, appointing an administrator (often a lawyer) by agreement of the heirs.
- Asset Consolidation: Locating bank accounts, insurance policies, real estate, and movable property and consolidating them into a single registry.
- Dealing with Creditors: Identifying the deceased's debts, negotiating with creditors, and paying off debts from the estate assets (so heirs do not incur personal liability).
- Obtaining Inheritance Certificate: Interacting with the notary to obtain the Inheritance Certificate, which is the basis for registering ownership rights.
- Property Registration: Re-registering property in the names of heirs at the Public Registry, Service Agency of the MIA, and banks.
Common Real-World Scenarios
The need for administration often arises in the following cases:
The first scenario is "Heir Living Abroad." Heirs live in Europe or the US and cannot come to Georgia within 6 months to settle affairs. They appoint a lawyer as an administrator who handles all formalities via power of attorney.
The second case is "Business Management." The deceased left an operating business. Until the inheritance is officially formalized (which takes months), the business must be managed (salaries, taxes). Appointing a temporary administrator is necessary to prevent the company from stalling.
The third scenario is complex debts. The deceased had large bank debts. The administrator negotiates with the bank, sells part of the property to cover the debt, and transfers the remaining net assets to the heirs.
The fourth situation is the absence of an executor. The person named in the will refused to perform this function. It becomes necessary to appoint a new, professional executor.
Georgian Legal Framework and Regulations
Estate administration is regulated by the following norms:
- Civil Code of Georgia (Articles 1484-1494): Defines the rights and duties of the executor of the will. The executor is tasked with managing the estate and executing the testamentary dispositions.
- Law on Notaries: Regulates inheritance proceedings, issuance of inheritance certificates, and rules for opening wills.
- Law on Entrepreneurs: Regulates issues of share management during the transition period.
Process and Stages
The process begins with an application to a notary about opening the estate (within 6 months of death). If an administrator is appointed, they compile a list of the estate (inventory). Then debts are paid off. This stage is critical because, by law, heirs are liable for debts only within the limits of the inherited property. The administrator ensures this limit is not breached. The final stage is the distribution and registration of "clean" property. Lawyer involvement ensures process transparency and protects heirs from hidden liabilities.
Why Legal.ge?
Managing an estate requires a lot of time and specific knowledge. Specialists presented on Legal.ge will help you avoid bureaucratic difficulties and ensure the precise execution of the deceased's will. Trust professionals with asset management and protection.
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