Do All Heirs Need to Consent to the Distribution of Property in a Deceased's Estate?
Full Question:
Answer:
The answer will depend on whether there was a will. Assuming that there was and you are an eecutor rather than adminstrator, the instructions in the will must be followed unless the heir to receive the asset consents to sugning a disclaimer.
An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset only upon the written consent of all the heirs or upon an order of the probate court. It is possible for the other heirs to object to the distribution.
Please see the following GA statutes:
53-2-30. (Revised Probate Code of 1998) (a) An administrator may distribute
all or a portion of an intestate. . . .
(a) An administrator may distribute all or a portion of an intestate
estate in kind in a distribution that is pro rata as to each asset.
(b) An administrator may distribute all or a portion of an intestate
estate in kind in a distribution that is not pro rata as to each asset
only upon the written consent of all the heirs or upon an order of the
probate court made pursuant to a petition filed by an heir or the
administrator.
(c) Nothing in this Code section shall be construed as limiting or
restricting the method of distribution provided for in a will or as
requiring the approval of the probate court for a distribution or
division in kind made pursuant to the directions in a will. In all cases
where the will directs or authorizes a distribution or division in kind
but fails to direct specifically how or by whom the distribution or
division in kind is to be made, it shall be the duty and authority of the
executor or administrator with the will annexed to make the distribution
or division in kind.
53-2-31. (Revised Probate Code of 1998) An heir or the administrator may
petition the probate court for an. . . .
An heir or the administrator may petition the probate court for an
order allowing a distribution in kind that is not pro rata as to each
asset. The petition shall set forth the names and addresses of all the
heirs and the requested distribution of the assets. Upon the filing of
the petition, a citation shall be issued and parties in interest shall
be served as provided in Chapter 11 of this title.
53-2-32. (Revised Probate Code of 1998) If no objection is made to the
petition, the probate court shall order. . . .
If no objection is made to the petition, the probate court shall order
the administrator to distribute the assets in the manner requested in
the petition. If objection is made, upon the evidence submitted, the
probate court shall divide the assets in kind in shares that are pro
rata or are not pro rata as to each asset and order the administrator
to distribute the shares accordingly.