Executor Duties in Georgia: A Complete Guide

Serving as executor in Georgia means working within a county-based Probate Court system and choosing between common form and solemn form probate. That choice affects both your timeline and how well you're protected from later challenges to the will. This guide covers the whole job.

How to Get Appointed as Executor in Georgia

1. File with the Probate Court: File the original will with the Probate Court of the county where the deceased was domiciled, along with a Petition for Letters Testamentary and the filing fee ($50 to $200).
2. Choose common or solemn form: Uncontested estates usually go through common form, which is faster and requires less notice. If you expect challenges, solemn form gives more finality but requires formal service on all interested parties.
3. Receive Letters Testamentary: The Probate Court issues your legal authority to act for the estate. Get multiple certified copies for financial institutions.

Executor Compensation in Georgia

Georgia's default statutory commission, under O.C.G.A. § 53-6-60, is 2.5% of all money received into the estate plus 2.5% of all money paid out, if the will or a written agreement doesn't set a different amount. That works out to as much as 5% of the money that flows through the estate. The executor is entitled to this 2.5%-in / 2.5%-out commission on cash transactions by statute, without special court approval. Compensation for in-kind property or extraordinary services does need approval. Executors may agree to a lower fee or waive compensation entirely.

Bond Requirements in Georgia

A surety bond is generally required unless waived by the will or all beneficiaries consent. The Probate Court sets the bond amount, and annual premiums usually run 0.5% to 1% of that amount.

Core Duties as Executor in Georgia

1. File the will and petition; receive Letters Testamentary from the Probate Court
2. Publish notice to creditors once a week for 4 weeks in a newspaper of general circulation
3. Mail notice to all known creditors
4. Prepare an inventory of all estate assets
5. Manage estate assets prudently during the 3-month creditor period
6. Accept or reject creditor claims; pay valid debts and taxes
7. Consider a year's support petition for the surviving spouse, if applicable
8. File final income tax returns and any estate tax returns due
9. Prepare a final accounting and distribute assets to beneficiaries
10. Obtain receipts and close the estate

Georgia's Independent Administration

Georgia executors can handle many routine tasks, such as paying bills, collecting assets, and making investments, without court approval for each one. Selling real estate typically requires court authorization unless the will expressly grants independent power of sale. A Georgia probate attorney can advise on when court approval is actually needed.

Non-Resident Executors in Georgia

Non-residents may serve as executor but must designate a Georgia resident as registered agent for service of process, or be closely related to a Georgia resident. Some Probate Courts may require a higher bond from non-resident executors.

How to Close the Estate in Georgia

After the 3-month creditor period closes and all debts and taxes are settled, prepare a final accounting and present it to all beneficiaries. If there are no objections, file a Petition to Discharge Executor with the Probate Court. Once approved, distribute the remaining assets, collect receipts, and file them with the court. The court then formally discharges you.