Wills typically identify someone to serve as executor of the estate – a person or institution charged with administering the estate according to the instructions in the will.
In cases where a will does not identify an executor or where the named executor is not willing or capable of serving in that capacity, one or more beneficiaries of the estate may nominate someone to serve in that position.
Don’t Rush to Sign
As a beneficiary, you may receive a legal document from another beneficiary or their attorney, asking you to consent to their appointment as the executor or administrator of the estate.
If you believe the person is capable and trustworthy, you may choose to sign the document and return it to the beneficiary, who will file it with the court as evidence of your consent to their appointment.
If you are uncertain about the person’s ability to competently and honestly administer the estate, you will want another person to fill that role.
Probate Court Appearances
If you do not sign a document consenting to the appointment of an estate administrator and waiving your right to notice of further proceedings, you will receive an official notice of court proceedings to determine who will serve in that capacity. Once you receive that notice, the time for you to object to a proposed administrator begins to run.
It is very important that you are aware of all court filing deadlines. These deadlines are strictly enforced and missing one could result in you losing your rights. This is just one reason that it is advisable to have an attorney represent you in all legal proceedings.
What’s at Stake
Once formally appointed by a probate court, the executor or administrator of an estate has fiduciary duties imposed by Georgia law, which require the executor to act in the best interest of the beneficiaries and creditors of the estate.
Among other things, the executor is required to provide certain information to beneficiaries on a periodic basis. However, in the times between those reporting deadlines, it can be difficult to know whether the executor is acting appropriately. An executor has considerable authority over assets that may ultimately be untraceable, such as items found in a safe deposit box. For these reasons, it is important that you raise any concerns you have about the trustworthiness of a person nominated to fill the role of executor before they are appointed by the probate court.
What if no one wants to be Executor of a Will?
If the beneficiaries cannot decide on an executor, the court will select someone. Typically, the court names the spouse or next of kin. If no one is willing to serve, the court will appoint a county administrator to fill the role. If you know who would be the ideal executor, and other beneficiaries present a different individual or business, it may be time to speak to one of our attorneys.
Gaslowitz Frankel has more than 30 years of experience navigating successful outcomes in will disputes. Most of our cases do not result in litigation.
If you are involved in a will dispute and seek experienced fiduciary litigators in Georgia, contact us today at 404.892.9797.
