The beneficiaries of a Will that has been probated and is being administered in a estate proceeding have the right to contest an accounting of the Executor of the Will and Estate.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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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.
Can An Executor Sell Estate Property Without Getting Approval From All Beneficiaries? The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
Is There a Time Limit on Settling a Georgia Estate? Under Georgia law, there is no time limit on settling an estate. After your loved one passes away, there is no set number of days or months to open an estate. The usual time frame is from two weeks to as long as six months.
Georgia Law typically requires the executor to file an inventory and annual returns with the probate court. This keeps the probate process transparent and accounts for all the assets in the estate. However, there are cases where the will itself might exempt the executor from this requirement.
An order for final distribution in California probate is conclusive to the rights of heirs and devisees in a decedent's estate. The order also releases the personal representative from claims by heirs and devisees, unless, of course, there is fraud or misrepresentation present.
What is Distribution? Once disbursement is complete, meaning all debts and final taxes are paid, a trustee can distribute the inheritance to beneficiaries. This is called distribution. It is only then that money should be paid to the benefit or care of the beneficiary.
With the distribution of all assets, the executor is said to have ?closed the estate.? But, the executor still retains the power to gather newly discovered assets and address future complaints.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.
