Georgia Probate Services for Surplus Funds Recovery

Attorney Esther Mesidor

I would like to submit a case. I am a:

Former Homeowner
Third-Party Company
Other Interested Party

Many times, surplus funds are owed to heirs because the homeowner has passed away. Sometimes the deceased leaves a will; many times, there is no will. In both circumstances, it is often necessary to open a formal estate on behalf of the deceased before the funds can be legally claimed.

Probate is the legal process where the court oversees the administration of a deceased person’s estate — confirming a will if one exists, appointing an Executor or Administrator, and determining who has the authority to act on the estate’s behalf. In fact, many Georgia tax commissioners will not release surplus funds to heirs unless an estate has been formally opened.

When probate is required, funds are released directly to the Administrator or Executor of the estate. That person is then responsible for managing the affairs of the deceased, including collecting and disbursing the surplus funds in compliance with Georgia law.

Important: Probate and claiming surplus funds are separate processes. Probate must be completed first, the Administrator or Executor must be appointed by the court, and only then can the estate request release of the surplus funds.

When Probate May Be Required for Surplus Funds

  • The homeowner passed away with no will.

  • A will exists, but no Executor has been appointed yet.

  • The Tax Commissioner requires probate before disbursing foreclosure overages.

  • Heirs cannot collect funds directly because legal authority rests with the estate.

Our Specialized Probate Service

At E. Albert Law, LLC, we provide a specialized probate service solely for surplus funds recovery. We do not handle general probate or heirship disputes. Instead, our role is to:

  • Petition the court to have an Administrator or Executor appointed, if needed.

  • Ensure the estate representative has the legal authority to collect surplus funds.

  • Pursue release of the funds once the probate appointment is complete.

Our firm may be able to handle the probate portion after reviewing the claim. Only certain probate cases are accepted, and this service is provided exclusively in conjunction with surplus funds representation.

Why Work With Us

  • Focused Experience: We specialize in Georgia probate and foreclosure surplus funds recovery.

  • Streamlined Process: We handle both the probate appointment and the foreclosure overage claim in one seamless process.

  • No Upfront Probate Costs: In most cases, probate fees are deducted from the surplus funds after recovery, so heirs are not burdened with upfront expenses.

  • Designed for Heirs and Claimants: Our fees are kept low and tailored toward maximizing recovery for heirs.

How the Process Works

Step 1: You contact our firm.
Step 2: You complete the Probate Intake Questionnaire.
Step 3: Our office reviews and analyzes your case.
Step 4: We collect necessary supporting documents.
Step 5: We confirm whether surplus funds exist and whether probate is required.
Step 6: We prepare and submit the petition for probate.
Step 7: If required, we attend the probate hearing.
Step 8: An Administrator or Executor is appointed by the court.
Step 9: Our firm requests release of the surplus funds on behalf of the estate/Administrator/Executor.
Step 10: Once funds are disbursed, our firm issues a check payable to the estate.

Note: To deposit surplus funds, the Administrator or Executor will typically need to obtain an EIN for the estate and open an estate bank account.

Take the Next Step

For Homeowners & Heirs (Direct Claimants):
If you are an heir or family member who believes surplus funds may be owed to your loved one’s estate, please complete our Probate Intake Questionnaire for Direct Heirs:

Start Probate Intake for Heirs

For Third-Party Asset Recovery Companies (TPAs):
If you are assisting a claimant with a surplus funds case and probate may be required, please complete our Probate Intake Questionnaire for TPAs:

Start Probate Intake for TPAs

Frequently Asked Questions

  • Sometimes. In many Georgia counties, even if you are the only heir, the court will still require probate so you can be legally appointed to represent the estate. In other cases, surplus funds may be released directly if proper heirship documentation is provided. We review each claim to determine what the county requires.

  • If there is no will, the court usually appoints an Administrator. Georgia’s intestacy laws decide who the legal heirs are, and the Administrator is responsible for collecting and managing the funds for the estate.

  • If a valid will exists, the court appoints the person named in the will as the Executor. The Executor carries out the will’s instructions, including collecting surplus funds on behalf of the estate.

    • An Executor is named in a will and formally appointed by the court to carry out the will.

    • An Administrator is appointed by the court when there is no will, or when no Executor is available.
      Both serve the same legal function: they act as the estate’s legal representative and are typically the ones who request release of surplus funds.

  • Yes, sometimes. A few Georgia counties allow heirs to claim funds directly if the estate is small or if heirs provide sufficient documentation (such as affidavits of heirship). However, many counties will not release funds without probate, especially if the amount is significant. Our firm determines what process applies in your county.