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How To Become An Executor Of The Estate In Georgia – 5 Important Steps

How To Become An Executor Of The Estate In Georgia

Wondering how to become an executor of the estate in Georgia? 

This article covers: 

  • steps to become an executor
  • what an executor is
  • what their responsibilities are
  • what the qualifications are (the courts can deny you)

Keep scrolling to learn more.

Get Your Free Probate Petition

Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).

Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.

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What Is An Executor Of An Estate?

An executor of an estate is a person appointed to manage and distribute a deceased person’s assets according to their will. 

The executor’s key responsibilities include:

The executor must act in the estate’s and its beneficiaries’ best interests.

They have to maintain accurate records and transparency throughout the probate process.

Who Can Be an Executor in Georgia?

In Georgia, to be eligible to be an executor, you must:

  • be at least 18 years old
  • be mentally competent
  • have no felony convictions 

Non-residents can serve if they have a Georgia co-executor. 

You cannot be an executor if you: 

  • have certain felony convictions (i.e., fraud, theft, or embezzlement)
  • are a non-resident without a co-executor

Preference For Executors

The court decides if you’re able to manage an estate based on:

  1. Character: Known for honesty and integrity.
  2. Financial Responsibility: History of managing finances well.
  3. No Conflicts of Interest: Impartial in managing the estate.
  4. Ability: Skills and time to perform executor duties.
  5. Legal Eligibility: Sound mind, at least 18 years old, no felony convictions.

The court may also consider beneficiaries’ input when assessing suitability.

How To Become An Executor Of The Estate In Georgia

These are the steps to become the executor of the estate:

  1. Obtain the Will: Locate the deceased’s original will, naming their executor and outlining their wishes. (This cannot be a copy.)
  2. File the Will with the Probate Court: Submit the will to the probate court in the deceased’s county to start the probate process.
  3. File a Petition for Probate: Complete and submit the necessary forms and documents, including the will and death certificate, to be officially appointed as the executor.
  4. Notify Interested Parties: Inform beneficiaries and creditors about the probate process.
  5. Attend the Probate Hearing: Attend the court hearing to review the petition. If approved, the court will issue letters of testamentary, granting authority to act as the executor.

While waiting for approval, you should act as if you’re the executor. 

Meaning that, if you’re named in the will, you should be the person who: 

It is your responsibility as the executor to handle this.

Do I Need A Lawyer To Become Executor Of Estate?

You don’t need a lawyer to become an executor, but hiring one can be beneficial.

A probate lawyer helps with:

  • complex assets
  • legal compliance
  • resolving disputes
  • managing taxes

They streamline the probate process and provide valuable advice, ensuring you fulfill your duties effectively.

Duties and Responsibilities of an Executor

You’re trying to figure out how to become an executor of the estate in Georgia.

So, it’s important to know what the executor’s responsibilities are: 

  • Locate and Value Assets: Identify and appraise all estate assets (i.e., bank accounts, real estate, and personal property).
  • Protect Assets: Secure and maintain the estate’s assets until distribution.
  • Pay Debts and Taxes: Settle all debts and taxes the estate owes.
  • Distribute Assets: Distribute remaining assets to beneficiaries as per the will or intestate laws.
  • Maintain Records: Keep detailed and accurate records of all estate transactions.
  • Communicate with Interested Parties: Inform beneficiaries and creditors about the probate process and estate status.
  • File Legal Documents: Submit required documents to the probate court, including the will and final accounting.

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.

Get Your Free Probate Petition

Probate can be confusing and stressful. Incorrectly filled-out probate petitions can cause delays, rejections, and added stress. We will fill out your petition for you (for FREE).

Fill out the form to have us fill out your petition for you (at no charge). We can only offer 5 free petitions per week, so act fast to secure your spot and avoid the hassle of probate.

"*" indicates required fields

Name*

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. 

Gwinnett County
Fulton County
Cobb County
DeKalb County