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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.
Any interested party or heir can file the Petition for Letters of Administration. The petition has to be completely filled out, including a complete listing of each and every heir of the deceased, each heir's age (or over 18), addresses, and relationship to the deceased.
In order to probate the will, the executor should file the original signed will and, in most cases, Georgia Probate Court Standard Form 5 (Petition to Probate Will in Solemn Form). The standard forms are available at the courthouse or online at the official statewide Supreme Court website.
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.
The petition to probate will in solemn form is used when the deceased has a will and it is the most common probate petition. This probate petition's sole purpose is to ask the probate court for a determination of whether or not the will filed by the petitioner is the last will and testament of the deceased.