Can you change an executor after death? No, you cannot (without bringing an action in court) change an executor of a will after death. However, the executors named in a will may change in that they can refuse to act or 'renounce' their role and probate can be applied for by any remaining executors.
In order to have an executor or administrator appointed, a petition has to be filed with the Georgia probate court. With that petition, you are asking the court to appoint an executor or administrator formally. This process is necessary even when a deceased person has appointed an executor in their will.
Georgia Probate Court Standard Forms and General Instructions NumberDescription GPCSF 4 Petition to Probate Will in Common Form GPCSF 5 Petition to Probate Will in Solemn Form GPCSF 6 Reserved See Supplement 6 GPCSF 7 Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed45 more rows •
Georgia state law does not provide a timeframe for opening an estate within a set number of days, weeks, or months after someone passes away. While there's no strict deadline for opening an estate, if you possess an original will, you are legally obliged to turn it over to the appropriate probate court.
You must file a petition to be appointed by the court before taking action on behalf of the estate. Before being appointed, Probate Court may ask you to post bond and file yearly inventor & returns. Posting bond is similar to taking out insurance.
Given the magnitude of the responsibilities and the intimacy of the role, you may want to name a close friend or relative as executor, someone who fully understands and respects your wishes, as well as those of your beneficiaries, and who might handle your sentimental heirlooms and other property more sensitively than ...
Complications can arise during the process that will add time to the schedule. For example, a party may petition the probate court if the will is not being followed. All being said, the probate process has an average range of 6 to 12 months.