Georgia Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement

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Multi-State
Control #:
US-03366BG
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Word; 
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Description

Most states have a statute that requires something to the effect that upon the filing of an account for final settlement by the executor of the estate of a decedent, a citation is required to be filed containing a statement that such final account has been filed, the time and place when it will be considered by the court, and a statement requiring interested persons that are cited to appear and contest the same if they see proper.


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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FAQ

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.

This is the first step ing to the probate legal process in Georgia. Once the executor or administrator (both known as a personal representative) accepts the role, they will receive a court order that outlines their authority, including any expanded powers that grant them permission to sell estate property.

While it is not possible to sell investments before probate is granted, there are ways to protect assets from probate and possibly even avoid probate entirely.

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.

After all the debts are paid, the personal representative will give anything left to the people named in the will. The personal representative must: Get evidence that the beneficiaries got the assets, File a final report with the court to close the estate.

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.

Generally, Georgia law requires the executor to file an inventory and annual returns with the probate court. The will may exempt the executor from that requirement. If that is the case, then the executor will not be required to file formal reports with the probate court.

The Estate Settlement Timeline: While Georgia law does not specify an exact deadline for this step, it is generally best to do so within a month to prevent any unnecessary delays in the probate process.

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Georgia Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement