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Conveyance Cemetery Without A Will In Fulton
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State:
Multi-State
County:
Fulton
Control #:
US-000297
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FAQ
Traditionally, many people name their oldest adult child to be the executor of their estate – but this is done out of a sense of propriety, not necessarily rationally.
Without disputes, probate generally takes anywhere between 12 to 18 months, depending on the estate's size and complexity. Disagreements between the personal representative and beneficiaries or heirs can significantly extend this timeframe.
Can You Have an Executor Without a Will? Yes, you can have an executor without a will. Even when there is no will, someone has to manage the estate and figure out how property should be distributed. The individual must be appointed by the probate court before they can proceed.
If you weren't named executor in a will, you'd need to file a Letter of Administration with your state's probate court. The court will ask questions about you and your relationship with the deceased. The court will either appoint you as executor or appoint someone else.
In Georgia, there is no specific estate value that requires probate. It depends on whether the deceased owned probate assets that must be settled.
Most people choose a relative or close friend as executor. If your estate is large or complicated you may wish to appoint a trust company to act as your executor.
If you would like to become the executor of an estate without a will, here are some basic steps to follow. Determine Priority for Appointment. Usually, the first in line to serve as executor is the surviving spouse or children. Complete a Petition for Administration. Receive Court Appointment and Administer Estate.
If the executor or person in possession of the will does not file it with the local probate court, that person can get in a lot of trouble. Georgia law states: “the probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.” (Georgia Code § 53-5-5).
If the will exists, all the heirs agree on how to distribute estate assets, and there are no creditors, the Georgia Probate court can state that probate is not necessary.
A. The law requires that a person having possession of a will, file that will with the proper probate court upon your death.