Do I Need A Lawyer To Become The Executor Of The Estate In Georgia? (9 Big Reasons)

Shawn Breyer
November 30, 2024

Potential clients always ask us, “Do I need a lawyer to become the executor of the estate in Georgia?”

The short answer is “No, you do not need a lawyer to become an executor in Georgia.”

But, you’d have to figure out how to do the following on your own:

managing the deceased’s assets
notifying creditors and paying off debts
distributing the remaining assets to beneficiaries

If you mishandle it, you could be personally and financially liable.

Confidently Navigate Probate

Probate in Georgia can be overwhelming, but we make it easy. You don’t have to do this alone—our caring probate experts will guide you every step of the way.

In your free consultation, you’ll get clear answers, simple next steps, and immediate relief. Protect your family, avoid costly mistakes, and feel confident again.

Schedule your free, no-pressure consultation now and move forward with peace of mind.

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Do I Need A Lawyer To Become The Executor Of The Estate In Georgia?

No, you don’t need a probate lawyer to become an executor.

Here are reasons you might want to hire a probate lawyer in Georgia.

Your Responsibilities As An Executor

As an executor, your responsibilities are to:

File the will with the probate court.
Notify heirs, beneficiaries, and creditors about the probate proceedings.
Inventory and manage assets throughout the probate process.
Pay debts and taxes including final income tax returns and estate tax returns.
Distribute assets according to the will or intestate law.

Provide a final accounting to the court.

Challenges Executors Face

Most probates have some complications with them.

Here are some issues you could face without a probate lawyer’s help:

Legal Compliance: Failing to comply with complex probate laws can result in personal liability for the executor and legal complications.
Complex Estates: Mismanaging properties, businesses, or investments can lead to financial losses and legal complications.
Probate Procedures: Handling Georgia’s probate process alone can cause errors and delays, resulting in higher costs and invalidated documents.
Debts and Taxes: Incorrectly paying creditors or missing tax filings can incur severe penalties and prolonged disputes.
Family Disputes: Beneficiary conflicts can escalate into contested wills and court battles, causing delays and increased stress.
Will Contests: Failing to defend the will can result in it being contested and voided, leading to prolonged (and very costly) legal disputes.
Business Management: Mismanaging, undervaluing, or poorly selling a business can cause significant financial losses for the estate.
Interstate Probate Issues: Differing state laws for properties in multiple states can prolong and complicate probate.
Guardianship Matters: Improperly setting up guardianships for minors or incapacitated adults risks inadequate protection of their interests.

Fill out the form to have our probate lawyers handle this for you.

How To Become The Executor Of An Estate In Georgia

Here are the steps to take to become the executor of the estate in Georgia:

Verify Executor Status: Check the will to confirm you’re named as executor and locate the original signed will (not a copy).
File Probate Petition: Submit a Petition to Probate Will with the original will and death certificate to the probate court in the deceased’s county.
Notify Heirs and Beneficiaries: Inform all heirs and beneficiaries of the probate proceedings.
Attend Court Hearing: Attend the court hearing for the judge to verify the will and your qualifications.
Obtain Letters Testamentary: Receive Letters Testamentary from the court, authorizing you as the executor.
Take an Oath: Take an oath to fulfill your duties as executor faithfully.
Post Bond (if required): Post a bond if required by the will or court.

Common Questions From Probate Clients

Here are other questions we get related to if you need a lawyer to become the executor of the estate.

Do You Need An Attorney To Settle An Estate?

You do not need a probate attorney to settle an estate, but it can help.

A probate lawyer can:

guide you through the legal process
ensure all paperwork is correct
help handle complex estates
mediate family disputes
you face legal challenges

However, if the estate is simple, you may manage it on your own.

This includes paying debts and distributing assets.

Hiring an attorney can save time and reduce stress.

What Is The Form To Become Executor Of Estate?

The form you need to become the executor of an estate in Georgia is the “Petition to Probate Will in Solemn Form.”

You must file this at the probate court in the county where the deceased person lived.

Include the original will and a death certificate with your petition.

This process begins the legal proceedings for you to be officially appointed as the executor.

How Do You Prove You Are The Executor Of An Estate?

When you are appointed as executor in Georgia, you receive Letters Testamentary from the probate court.

To prove you are the executor of the estate, show the Letters Testamentary to:

banks (checkings, savings, retirement, investment, etc.)
financial institutions (mortgage companies, car loans, insurance, etc.)
other entities (utilities, property taxes, vehicle registration, etc.)

Get Help From A Probate Lawyer

Are you overwhelmed trying to figure out how to become an executor of the estate in Georgia?

Our probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not:

personally financially liable
accidentally breaking the law
filling out the paperwork wrong
not notifying or paying off creditors
dealing with disputes among family and partners

Fill out the form to get a have us fill out your Petition for FREE.

Confidently Navigate Probate

Probate in Georgia can be overwhelming, but we make it easy. You don’t have to do this alone—our caring probate experts will guide you every step of the way.

In your free consultation, you’ll get clear answers, simple next steps, and immediate relief. Protect your family, avoid costly mistakes, and feel confident again.

Schedule your free, no-pressure consultation now and move forward with peace of mind.

"*" indicates required fields

What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia.