There is no deadline for settling a Georgia estate. Depending on the size of the estate, beneficiaries can anticipate the probate process to take anywhere from six months to several years. While there is no deadline, there are dispute deadlines that beneficiaries should consider. If an interested party suspects that an executor is not handling the estate expeditiously, it may be grounds for a dispute.
Steps in the Probate Process
File the Will and Petition the Court
The executor must locate the will and file it with the court, along with all of the necessary paperwork, including the death certificate.
Gather Assets
Executors will need to gather the necessary financial documents, such as life insurance policies and banking information. This step can be made easier if testators inventory their assets, account numbers, and passwords before they pass. Inventorying also ensures that testators can make the best estate planning decisions. Executors should consider all possible assets, liquid and collateral, including bank accounts, real estate, investments, and collections.
Pay Debts
An executor must pay debts from the estate (medical expenses, taxes, loans, etc.) before distributing assets.
Distribute Assets
Once all assets are inventoried and bills have been paid, the executor is free to distribute assets according to the will.
Some Deadlines to Consider
In Georgia, an executor can file a will in either common or solemn form. Probate in common form does not require the court to send a notice to potential beneficiaries, so Georgia law gives parties four years to file an objection to the will; for minors, the timeline starts four years from the day the minor turns eighteen years old.
Solemn form probate requires that all heirs be notified and given a chance to object. The heirs have thirty days from the date they are notified to object to the will.
What to Do if Your Executor is Delaying Settling a Georgia Estate
While there is no time limit for distributing assets in Georgia, it is the fiduciary duty of an executor to act in a timely manner. If a beneficiary suspects that an executor failed to uphold their fiduciary duties, the beneficiary has options, including informally or formally demanding accountability, or seeking sanctions against the executor.
Premier Fiduciary Litigators for the State of Georgia
Disputing parties need attorneys that are fluent in fiduciary law and confident in the courtroom and in negotiations. Good attorneys can help parties understand their options and come to the best decision for their unique case.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts. Fill out our contact form for a free consultation.
