Executor Duties in Georgia

After qualifying, the personal representative publishes notice to creditors once a week for four weeks, starting within 60 days. Unless the will or court relieves the duty, the representative prepares an inventory of all the decedent's property, files it with the probate court, and mails a copy to the beneficiaries (or heirs) within six months after qualifying. The representative pays debts, files annual returns unless relieved, distributes the estate, and then may petition the probate court for discharge, listing all known heirs or beneficiaries and stating that the estate has been fully administered.

Letters are issued by the probate court of the county where the decedent lived. With a will, the executor files a Petition to Probate Will in Common Form (GPCSF 4) or Solemn Form (GPCSF 5) and receives Letters Testamentary. Without a will, an heir or other eligible person files a Petition for Letters of Administration (GPCSF 3); if heirs do not unanimously choose an administrator, the court appoints by statutory preference (surviving spouse first). An administrator must post bond unless all heirs consent to waive it. The Council of Probate Court Judges publishes standard forms used statewide.

Creditors must give the personal representative written notice of their claims within three months after the last publication of the notice to creditors. A creditor who misses the deadline loses the right to share equally with other creditors of the same priority who have already been paid, but can still be paid if assets remain after higher-priority debts.