What to Do When a Loved One Dies
(Separate Website)
There are a number of different proceedings which may be filed in the Probate Court following the death of a Georgia resident or a non-resident owning property in the State of Georgia. Proceedings are filed in the Probate Court of the county of the deceased person's residence in Georgia or in the county where property of a non-resident is located.
This page briefly describes the usual, initial proceedings. For each proceeding described, there is a standard form, which the Court will provide to any petitioner.
This information was originally prepared as the public serve by the Hon. William J. Self, II, Judge of the Probate Court of Bibb County, Georgia, and Ms. Dianne Brannen, Ombudsman for the Probate Court of Bibb County, Georgia.
By: Probate Courts of Bibb and Clark Counties
Frequently Asked Questions About What to Do When Someone Dies
(Separate Website)
This document answers common questions about what to do when someone dies, including (1) What are the first legal steps I should take after someone dies? (2) Do I need to have a lawyer? (3) Which Probate Court should I go to? (4) What is the procedure in the Probate Court?
By: Athens-Clarke County Probate Court
A Checklist of What To Do When A Loved One Dies
When a loved one passes away, it is an understandably stressful time. It can be even more stressful and/or traumatic trying to remember all of the details that must be taken care of related to a person's death. If you are in charge of handling the affairs of the decedent (the person who has died), this is a checklist of some of the more important considerations.
By: Georgia Department of Human Resources, Division of Aging Services
Other Formats:
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Details of My Final Arrangements This document helps you sort out your thoughts (and write them out) about how you want things to be managed upon your death, including information about your will, your advance directives (living will and durable power of attorney), your insurance policies, bank accounts, your desires for funeral services, burial arrangements and any additional requests that are not contained in your will.
By: Department of Human Resources, Division of Aging Services
A Consumer's Guide to Cemeteries and Funeral Services
(Separate Website)
In times of loss, we are faced with many difficult decisions involving our loved one's funeral service and burial arrangements. Unfortunately, it is during this time that consumers are most vulnerable to becoming victims of fraud. The Securities and Business Regulation Division of the Office of Secretary of State oversees the business practices of preneed dealers, merchandise dealers and perpetual care cemeteries throughout Georgia, excluding those cemeteries that are family and church-owned. To help sort the good from the bad, this brochure is designed to better acquaint you with the laws and rules regulating perpetual care cemeteries, preneed dealers, and merchandise dealers in our state. With this information, you will be better prepared and better informed when the time comes for the difficult decisions of loss to be made.
By: Georgia Secretary of State
What You Need to Know About Funeral Homes, Crematories and Cemeteries This document answers common questions about funerals, funeral homes, crematories and laws regulating the funeral process in Georgia.
By: Georgia Department of Human Resources, Division of Aging Services
Consumer Bill of Rights for Funeral Goods and Services
Before purchasing any funeral goods or services or signing a "preneed" funeral contract, consumers should ask any and all questions regarding plans and proposed purchases. There are certain things that you should expect the funeral home to provide to you and/or put in the contract. This document describes the kinds of things you should ask for.
By: Georgia Department of Human Resources, Division of Aging Services
Other Formats:
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Access to Vital Records (Birth Certificates, Marriage and Divorce Records, etc.)
(Separate Website)
This web site contains information about vital records kept by the State of Georgia, including birth certificates, death certificates, marriage and divorce records, and the putative father registry. The web site also contains answers to common questions about vital records (where to find them, fees for certified copies of the records, etc.).
By: Georgia Division of Public Health
Veterans' Burial and Memorial Benefits
(Separate Website)
The Department of Veterans' Affairs National Cemetery Administration's web site is designed to assist you with information on the VA's national cemeteries and other memorial benefits. The National Cemetery Association honors veterans with a final resting place and lasting memorials that commemorate their service to our country.
By: State Bar of Georgia Pro Bono Project
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Burial and Plot-Interment Allowances
(Separate Website)
The website has information on partial financial reimbursement for an eligible veteran's burial and funeral costs.
By: State Bar of Georgia Pro Bono Project
Read this in:
Spanish / Español
End of Life Planning: DO NOT RESUSCITATE ORDER
There are often many questions about who has the authority to approve orders not to resuscitate a person or to approve a “No Code.” The law in Georgia is very specific and there are circumstances when regardless of a person’s wishes, that order cannot be carried out in the person’s current location.
By: Georgia Department of Human Resources, Division of Aging Services
The Facts About Financial Powers of Attorney
Learn what you need to know about advance directives.
By: Atlanta Legal Aid Society
Veterans' Survivors' Benefits
The death of a family member can raise many legal issues, particularly if your loved one served in the military. If your spouse, parent, or child was a veteran, you might be eligible for benefits from the Department of Veterans Affairs (VA).
There are three main types of benefits that may be available to survivors of veterans. Survivors may be able to get dependency and indemnity compensation, death pension benefits, and burial benefits.
By: Atlanta Legal Aid Society
End of Life Planning: DO NOT RESUSCITATE ORDER
There are often many questions about who has the authority to approve orders not to resuscitate a person or to approve a “No Code.” The law in Georgia is very specific and there are circumstances when regardless of a person’s wishes, that order cannot be carried out in the person’s current location.
By: Georgia Department of Human Resources, Division of Aging Services
Guardianships of Adults
(Separate Website)
The personal right to make decisions about living one's own life is taken for granted by most adults. Yet, inevitably, illness or disability may render some adults incapacitated during the course of their lives and thereby prevent them from making responsible decisions concerning their life or property. Guardianship is one means of substituting the judgment of another person for that of an incapacitated individual. Guardianship is a legal relationship created by a court when the Judge appoints someone (a Guardian) to make decisions for another person who has been proven to be incapacitated (a Ward). This document explains more about rights relating to guardianship and the process for the appointment of a guardian.
This information was originally prepared as a public service by The Hon. William J. Self, II, Judge of the Probate Court of Bibb County, Georgia, and Ms. Dianne Brannen, Ombudsman for the Probate Court of Bibb County, Georgia.
By: Bibb and Clarke County Probate Courts
Temporary Health Care Placement Decisionmakers: when you need to move from hospital to nursing home
The legislature recognizes that there may be times when an adult has not made advance arrangements for a situation when he or she is unable to consent to his or her own admission to or discharge from one health care facility or placement or transfer to another health care facility or placement. When those times arise, it may be necessary and in the adult's best interest to be admitted to or discharged from one health care facility or placement or transferred to an alternative facility or placement.
By: Georgia Department of Human Resources, Division of Aging Services
The Facts About Financial Powers of Attorney
Learn what you need to know about advance directives.
By: Atlanta Legal Aid Society
The Georgia Statutory Financial Power of Attorney During the 1995 Georgia General Assembly, the Legislature voted to establish within the Official Code of Georgia Annotated, at ' 10-6-140, a statutory form for the Financial Power of Attorney. The form that is set out in the statute may be used to create a Financial Power of Attorney. This form is merely a suggestion and is not the only form permitted to create a Financial Power of Attorney.
The information attached includes an explanation of the Financial Power of Attorney, cautionary language to those considering giving someone power over their financial affairs and instructions for completing the statutory form. Finally, attached is a copy of the form substantially the same as the form which appears in the Official Code of Georgia Annotated.
By: Georgia Department of Human Resources, Division of Aging Services
What if I'm Already the Trustee of a Qualified Income Trust, What Do I Do Every Month?
If you have already been named Trustee of a QIT, it is most important that you manage the deposit of money into and withdrawal of money out of the QIT properly so that the nursing home resident will continue to be eligible to receive Nursing Home Medicaid. If the Trustee fails to properly handle the QIT, this may result in the termination of Medicaid benefits for the resident, as well as an obligation to repay the program for payments made on the resident?s behalf those months that the QIT was improperly managed.
By: Atlanta Legal Aid Society
What is Elder Abuse?
Elder abuse affects people of all backgrounds without regard for social status, income, sex, or race. Four to ten percent of elders will be a victim of abuse. Elder abuse is grossly underreported and investigated. Victims are often ashamed and fear reporting their abusers. In addition, victims often do not know where to find help. This brochure is aimed at providing information and resources for victims as well as defining laws pertaining to elder abuse, neglect, and exploitation.
By: Atlanta Legal Aid Society
Life Insurance Programs for Veterans
(Separate Website)
Why the Department of Veterans' Affairs is in the Insurance Business: Our insurance programs were developed to provide insurance benefits for veterans and servicemembers who may not be able to get insurance from private companies because of the extra risks involved in military service, or a service connected disability.
By: Department of Veterans' Affairs
Life Planning: Legal Documents for Lesbians and Gay Men
(Separate Website)
These web pages contain information and documents relating to life planning (living wills and other advance directives) for the LGBT community.
By: LAMBDA Legal Defense & Education Fund
End of Life Planning: DO NOT RESUSCITATE ORDER
There are often many questions about who has the authority to approve orders not to resuscitate a person or to approve a “No Code.” The law in Georgia is very specific and there are circumstances when regardless of a person’s wishes, that order cannot be carried out in the person’s current location.
By: Georgia Department of Human Resources, Division of Aging Services
Living Wills and Durable Powers of Attorney: Control Over Health Care Decisions
Temporary Health Care Placement Decisionmakers: when you need to move from hospital to nursing home
The legislature recognizes that there may be times when an adult has not made advance arrangements for a situation when he or she is unable to consent to his or her own admission to or discharge from one health care facility or placement or transfer to another health care facility or placement. When those times arise, it may be necessary and in the adult's best interest to be admitted to or discharged from one health care facility or placement or transferred to an alternative facility or placement.
By: Georgia Department of Human Resources, Division of Aging Services
Details of My Final Arrangements This document helps you sort out your thoughts (and write them out) about how you want things to be managed upon your death, including information about your will, your advance directives (living will and durable power of attorney), your insurance policies, bank accounts, your desires for funeral services, burial arrangements and any additional requests that are not contained in your will.
By: Department of Human Resources, Division of Aging Services
End of Life Planning: DO NOT RESUSCITATE ORDER
There are often many questions about who has the authority to approve orders not to resuscitate a person or to approve a “No Code.” The law in Georgia is very specific and there are circumstances when regardless of a person’s wishes, that order cannot be carried out in the person’s current location.
By: Georgia Department of Human Resources, Division of Aging Services
The Facts About Financial Powers of Attorney
Learn what you need to know about advance directives.
By: Atlanta Legal Aid Society
The Georgia Statutory Financial Power of Attorney During the 1995 Georgia General Assembly, the Legislature voted to establish within the Official Code of Georgia Annotated, at ' 10-6-140, a statutory form for the Financial Power of Attorney. The form that is set out in the statute may be used to create a Financial Power of Attorney. This form is merely a suggestion and is not the only form permitted to create a Financial Power of Attorney.
The information attached includes an explanation of the Financial Power of Attorney, cautionary language to those considering giving someone power over their financial affairs and instructions for completing the statutory form. Finally, attached is a copy of the form substantially the same as the form which appears in the Official Code of Georgia Annotated.
By: Georgia Department of Human Resources, Division of Aging Services
What is Elder Abuse?
Elder abuse affects people of all backgrounds without regard for social status, income, sex, or race. Four to ten percent of elders will be a victim of abuse. Elder abuse is grossly underreported and investigated. Victims are often ashamed and fear reporting their abusers. In addition, victims often do not know where to find help. This brochure is aimed at providing information and resources for victims as well as defining laws pertaining to elder abuse, neglect, and exploitation.
By: Atlanta Legal Aid Society
Do I Need a Will - Answers to Common Questions This document answers common questions about wills under Georgia Law, including: 1) What is a Will? 2) What is a Codicil? 3) What is a Self-Proving Affidavit? 4) How old does one have to be in order to make a Will?
By: Georgia Department of Human Resources, Division of Aging Services
Frequently Asked Questions About Probating a Will
(Separate Website)
This document answers common questions about the process of probating a will after someone has died, including: (1) If I die, will the state get all of my money? (2) If I have a will, is my estate in good order? (3) Can I prepare my own will? (4) Can I avoid Probate?
This information is based on "The Probate Whys", a brochure prepared by The Hon. Lillis J. Brown, Judge of the Probate Court of Rockdale County.
By: Clarke and Rockdale County Probate Courts
Frequently Asked Questions About the Administration of an Estate
(Separate Website)
This document answers common questions about administering an estate, including: (1) Who is eligible to serve as the Administrator? (2) Who decides who will be the Administrator? (3) What are the responsibilities and powers of an Administrator?
By: Athens-Clarke County Probate Court
How to Republish (Affirm the Contents) of a Will
By: Atlanta Legal Aid Society Seniors Hotline
Probate of Wills
(Separate Website)
An individual who dies, also called a decedent, and who has a will is said to have died testate. The will is usually offered for probate by the individual who is named in the will as the executor. The process of probating a will is the formal process by which the Probate Court determines a document has been proved to be the last will and testament of the decedent and officially appoints the executor or some other person to handle the distribution of the decedent's property. Even if the will is not going to be probated, anyone who is in possession of the will of an individual who has died must bring the will to the Probate Court for filing. This document discusses the other procedures for probating a will.
The information on this page is based in part on a brochure prepared by the Hon. Marion Guess, Judge of the Probate Court of DeKalb County and students at the Georgia State University College of Law.
By: Clarke and Dekalb County Probate Courts
Wills - State Bar of Georgia Consumer Pamphlet
(Separate Website)
Everyone owning property who wishes to exercise control over the property’s disposition after death should have a will regardless of the property’s value. Of course, the larger the estate, the greater is the need for expert estate planning and a valid, up-to-date will. This pamphlet gives you basic information about why you should have a will, what happens when you don't, and provides basic suggestions for you to keep in mind when you are writing your will.
By: Elder Law Committee of State Bar of Georgia
Wills Fact Sheet
This document will help you understand issues relating to writing your will.
By: Georgia Department of Human Resources, Division of Aging Services
Year's Support Following Death of Spouse or Parent of Minor Children
(Separate Website)
Despite its misleading name, a Year's Support award is a permanent award of property from a decedent's estate to the decedent's surviving spouse, surviving minor children, or both. The surviving spouse of the decedent can apply for Year's Support unless he or she has re-married after the decedent's death. This document explains more about rights to Year's Support.
By: Athens-Clarke County Probate Court
What to Do When a Loved One Dies
(Separate Website)
There are a number of different proceedings which may be filed in the Probate Court following the death of a Georgia resident or a non-resident owning property in the State of Georgia. Proceedings are filed in the Probate Court of the county of the deceased person's residence in Georgia or in the county where property of a non-resident is located.
This page briefly describes the usual, initial proceedings. For each proceeding described, there is a standard form, which the Court will provide to any petitioner.
This information was originally prepared as the public serve by the Hon. William J. Self, II, Judge of the Probate Court of Bibb County, Georgia, and Ms. Dianne Brannen, Ombudsman for the Probate Court of Bibb County, Georgia.
By: Probate Courts of Bibb and Clark Counties
A Snapshot of Estate Recovery in Georgia The state of Georgia may place a lien on your real and personal property if you received Medicaid while in a nursing home or intermediate care home or mental institution.
By: Georgia Legal Services Program®
Administration of the Estate When There Is No Will
(Separate Website)
An individual who dies (also called a "decedent") and who has no will is said to have died "intestate". This means in most circumstances that the Probate Court will need to appoint an Administrator to handle the property that the decedent owned. This document explains the process of what happens when a person dies intestate.
By: Athens-Clarke County Probate Court
Heir Property in Georgia
(Separate Website)
This resource answers questions on heir property. Heir property is property that is passed down after a family member dies without a will. If you own real property, you should have a will.
This resource describes heir property and offers solutions to dealing with the problems created when property is passed without a will.
By: Georgia Appleseed
Rules of Inheritance
(Separate Website)
The following outline is a summary of the Georgia Law which determines who are "heirs at law" of a Decedent (the person whose death necessitates the administration of his or her estate). The actual statute may be found in the Official Code of Georgia Annotated, Section 53-2-1.
By: Athens-Clarke County Probate Court
Tips for Seniors on Living Trusts
(Separate Website)
Many seniors worry about what will happen to their property after they pass away. This is a very important decision. Unfortunately, it can also be very confusing. One of the most critical choices you will face is whether to get a living trust, will, or both. There are many unscrupulous companies that will try to convince you that a living trust is the best way to go. This may be true for some. But for many, a living trust will simply be a waste of precious resources. This fact sheet will give you basic information about living trusts and wills, and describes some of the most common scams.
By: National Consumer Law Center
What is Elder Abuse?
Elder abuse affects people of all backgrounds without regard for social status, income, sex, or race. Four to ten percent of elders will be a victim of abuse. Elder abuse is grossly underreported and investigated. Victims are often ashamed and fear reporting their abusers. In addition, victims often do not know where to find help. This brochure is aimed at providing information and resources for victims as well as defining laws pertaining to elder abuse, neglect, and exploitation.
By: Atlanta Legal Aid Society
Avoiding Living Trust Scams: A Quick Guide for Advocates
(Separate Website)
Dishonest living trust salespeople prey on seniors' fears that after their deaths, their life savings and assets will be stolen by the government or by predatory probate attorneys. These salespeople use high-pressure tactics and deceptive claims to coerce vulnerable seniors into buying a product that many of them don't need. Seniors are bombarded with advertisements, phone calls, and pitches from door-to-door salespeople insisting that living trusts work best for everyone. This may be true for some. For others, buying a living trust is simply a waste of limited resources.
By: National Consumer Law Center
The Facts About Financial Powers of Attorney
Learn what you need to know about advance directives.
By: Atlanta Legal Aid Society
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