What to Do When a Loved One Dies
(Separate Website)
There are a number of different proceedings which may be filed following the death of a loved one who owns property in the State of Georgia.This page briefly describes the usual, initial proceedings.
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.
By: Athens-Clarke County Probate Court
A Checklist of What To Do When A Loved One Dies
If you are in charge of handling the affairs of a 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:
Word File
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. Click to read more.
By: Department of Human Resources, Division of Aging Services
A Consumer's Guide to Cemeteries and Funeral Services
(Separate Website)
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.
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
This document describes the kinds of things you should ask for BEFORE purchasing any funeral goods or services or signing a "preneed" funeral contract.
By: Georgia Department of Human Resources, Division of Aging Services
Other Formats:
Word File
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.
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.
By: State Bar of Georgia Pro Bono Project
Read this in:
Spanish / Español
Burial and Plot-Interment Allowances
(Separate Website)
The website gives information on how to be partial reimbursed 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
this document attempts to clarify when you will be resuscitated or not resuscitated, even if you have it in writing that you do or don't want to be.
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, Inc.
Veterans' Survivors' Benefits
If your spouse, parent, or child was a veteran that has died, you might be eligible for benefits. This document is a list of them.
By: Atlanta Legal Aid Society, Inc.
$50 Supplement and Emergency Cash Grant for Grandparents Raising Grandchildren
The DFCS will provide assistance for Grandparents Raising Grandchildren. This document explains what this assistance is and how to get it.
By: Georgia Legal Services Program®
End of Life Planning: DO NOT RESUSCITATE ORDER
this document attempts to clarify when you will be resuscitated or not resuscitated, even if you have it in writing that you do or don't want to be.
By: Georgia Department of Human Resources, Division of Aging Services
Guardianships of Adults
(Separate Website)
Some adults may be rendered incapacitated and unable to make responsible decisions. This document explains about rights relating to guardianship and the process for the appointment of a guardian.
By: Bibb and Clarke County Probate Courts
Temporary Health Care Placement Decisionmakers: when you need to move from hospital to nursing home
When someone is unable to consent to his or her own admission to or discharge from a health care facility, it may be necessary for him or her to have someone else decide. This law covers that.
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, Inc.
The Georgia Statutory Financial Power of Attorney The information in this document includes an explanation of the Financial Power of Attorney, cautionary language to those considering giving someone power over their financial affairs, instructions for completing the statutory form, and a copy of the form substantially the same as the one 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 money properly. This is a list of tips on how to do well and information on what happens if you don't.
By: Atlanta Legal Aid Society, Inc.
What is Elder Abuse?
Provides information and resources for victims of elder abuse.
By: Atlanta Legal Aid Society, Inc.
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
this document attempts to clarify when you will be resuscitated or not resuscitated, even if you have it in writing that you do or don't want to be.
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
When someone is unable to consent to his or her own admission to or discharge from a health care facility, it may be necessary for him or her to have someone else decide. This law covers that.
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. Click to read more.
By: Department of Human Resources, Division of Aging Services
End of Life Planning: DO NOT RESUSCITATE ORDER
this document attempts to clarify when you will be resuscitated or not resuscitated, even if you have it in writing that you do or don't want to be.
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, Inc.
The Georgia Statutory Financial Power of Attorney The information in this document includes an explanation of the Financial Power of Attorney, cautionary language to those considering giving someone power over their financial affairs, instructions for completing the statutory form, and a copy of the form substantially the same as the one which appears in the Official Code of Georgia Annotated.
By: Georgia Department of Human Resources, Division of Aging Services
What is Elder Abuse?
Provides information and resources for victims of elder abuse.
By: Atlanta Legal Aid Society, Inc.
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 following the death of a loved one who owns property in the State of Georgia.This page briefly describes the usual, initial proceedings.
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?
Provides information and resources for victims of elder abuse.
By: Atlanta Legal Aid Society, Inc.
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, Inc.
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LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
Copyright and Use Notice
This material is copyrighted by the authoring organization or individual. Legal information can change rapidly. Provided links are kept updated, permission is given to link to this material from a nonprofit, court or government website. Website material may be printed, copied and distributed only in its original format for non-commercial, informational purposes. The material may not be altered from its original format. Reproducing the material to promote a commercial purpose is expressly prohibited. Commercial enterprises are expressly forbidden from linking to our material or using our material in other ways. Legal Aid and GLSP are not liable for the distribution of out-of-date material or links. To inquire about appropriate use of this material, please contact 404-524-5811.
Information Not Legal Advice
LegalAid-GA.org provides general information only. This is not legal advice and cannot replace legal advice. You can get legal advice only from a lawyer. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Viewing this web site or sending an e-mail message through this web site does NOT create an attorney-client relationship.
LegalAid-GA is a project of the Atlanta Legal Aid Society, the Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. This website was produced with funding from the Legal Services Corporation.