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What Does The Executor Of A Will Do In Georgia? (7 Important Steps)

What Does The Executor Of A Will Do In Georgia

What does the executor of a will do in Georgia? 

In this article, you’ll learn about how to: 

  • file the will
  • notify creditors
  • pay off creditors (and in what priority)
  • distribute assets
  • handle legal disputes
  • close the estate

Keep scrolling to learn more.

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What Is An Executor Of A Will?

An executor of a will carries out the instructions in someone’s will after they die. 

Their job is to:

  • make sure the deceased’s belongings are given to the right people
  • pay off any debts
  • handle any legal paperwork

In short, the executor makes sure

  • the will is followed correctly 
  • everything is taken care of according to the law

Read More: How To Become An Executor

What Does An Executor Of A Will Do In Georgia?

Everything that an executor of a will does in Georgia is: 

  1. File the Will with the Probate Court
  2. Notify Beneficiaries and Creditors
  3. Inventory and Appraising the Estate
  4. Pay Debts and Taxes
  5. Distribute the Assets
  6. Handle Legal Challenges
  7. Close the Estate

1. Filing the Will with the Probate Court

When someone dies in Georgia, the executor starts the probate process by filing the will with the court. 

This is the first step in making sure the deceased’s wishes are followed.

Here are the steps to file a will in Georgia:

  1. Find the Original Will: The executor needs the original, signed will.
  2. Pick the Right Court: File the will in the probate court of the county where the person lived.
  3. Fill Out the Probate Form: The executor completes a form that asks the court to start probate. This includes basic information about the deceased and the executor.
  4. File the Will and Form: Take the original will, the form, and any required fees to the court.
  5. Attend the Hearing: If the court schedules a hearing, the executor should attend to answer any questions.
  6. Get Legal Authority: Once approved, the court gives the executor a document called “Letters Testamentary,” which allows them to manage and distribute the estate.

2. Notifying Beneficiaries and Creditors

As the executor of a will in Georgia, you must notify beneficiaries and creditors.

First, identify all beneficiaries named in the will. 

Then, send them a written notice to inform them about:

  • the probate process 
  • what to expect 

This keeps everyone in the loop and helps avoid misunderstandings.

Next, notify creditors by publishing a notice in a local newspaper for four weeks. 

This gives creditors a chance to claim any money owed to them. 

You should also mail notices to any known creditors. 

They usually have three months to make their claims.

This ensures all debts are paid before distributing the remaining assets to the beneficiaries. 

This helps avoid disputes and keeps the process smooth.

3. Inventorying and Appraising the Estate

An executor’s key job is to list and value everything the deceased owned.

Here is how you’d do it:

  1. List All Assets: Identify everything the deceased owned – homes, bank accounts, vehicles, and personal items.
  2. Make a Detailed Inventory: Write down each item and important details like account numbers or addresses.
  3. Value the Assets: Determine the worth of each item. For some items, like bank accounts, you can check the balance. For others, like property, you may need a professional appraiser.
  4. File with the Court: Submit the inventory to the probate court to keep the process clear and fair.
  5. Update as Needed: If you find more assets later, update the list and inform the court.

Following these steps ensures all assets are accounted for and valued fairly. 

This is crucial for the proper distribution of the estate.

4. Paying Debts and Taxes

Now that you have found and notified creditors, you have to pay them. 

Review the claims from creditors to make sure they are accurate. 

If they are, use the estate’s money to pay these debts. 

Let’s say the estate doesn’t have enough money.

You’ll need to follow Georgia’s rules on which debts get paid first.

(See this article for what the priorities are.)

Make sure you pay debts correctly. 

Messing this up could leave: 

  • the executor financially liable
  • the estate open to litigation from creditors
  • beneficiaries open to having to pay back their inheritance to creditors

5. Distributing the Assets

Now that you have paid off all debts, you need to distribute the remaining assets. 

Here are the steps:

  1. Collect All Assets: The executor gathers everything the person owned (i.e., money, property, and belongings) and lists them out.
  2. Follow the Will: The executor must distribute the assets exactly as the will says. If the will says a person gets a house, the executor makes sure that person gets it.
  3. Transfer Ownership: For things like houses or cars, the executor transfers the legal ownership to the new owners.
  4. Distribute Money: The executor gives out any money or investments to the people named in the will.
  5. Get Proof: After handing out everything, the executor should get a receipt or confirmation from each person who received something.
  6. Report to the Court: Finally, the executor may need to report to the court, showing how everything was handled.

If you don’t distribute assets correctly, you can be financially liable.

6. Handling Legal Challenges

As the executor, you may have to deal with: 

Here’s what you need to do as the executor to handle legal disputes:

  • Understand Why Wills Are Challenged: Wills can be disputed if someone thinks they are invalid. (i.e., claims that the person was pressured into making the will, was not mentally capable when they signed it, or that the will wasn’t signed correctly.)
  • Cooperate with the Court: If there’s a challenge, the probate court will step in. As the executor, you need to work with the court by providing any necessary documents, attending hearings, and following the court’s instructions.
  • Collect Evidence: To defend the will, gather proof that it is valid. This could be witness statements from people who saw the will being signed or medical records showing the person was mentally sound when they made the will.
  • Keep Everyone Updated: Keep beneficiaries informed about what’s happening.

You’ll likely need to hire a probate lawyer for this situation. 

Fill out the form on this page to get help.

7. Closing the Estate

After you have paid creditors and distributed assets, it’s time to close the estate. 

The executor of a will needs to: 

  1. Distribute Assets: After paying all debts and taxes, the executor distributes the remaining assets to the beneficiaries according to the will.
  2. Close the Estate Bank Account: Once all assets have been distributed, and no further transactions are needed, the executor closes the estate’s bank account. Any remaining funds should already be distributed before this step.
  3. Prepare a Final Report: The executor creates a report listing all financial activities, including payments made, assets distributed, and the closure of the estate bank account.
  4. Submit the Report to Court: This report is submitted to the probate court for review to ensure everything was handled correctly.
  5. Get Court Approval: The court reviews and approves the final report, confirming that the executor has fulfilled their duties.
  6. Request Discharge: After court approval, the executor asks to be officially released from their responsibilities.

Our probate lawyers can guide you through this process. 

Get Help From A Probate Lawyer

Are you overwhelmed trying to figure out what does the executor of a will do 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.

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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