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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).
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.
How Do You Get an Executor Removed from an Estate? Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason. It's best to have a qualified probate lawyer advise you first and help you with this petition.
The Basics of Probate Timelines Unfortunately, every estate is different, and that means timelines can vary. A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.
A Deed of Renunciation is a legal document that you sign when you don't want to or are unable to act as the Administrator of an Estate. If you've been named as an Executor in a Will and you don't think you can do what's required, you may need a Deed of Renunciation to remove you from your duties.
Resigning as the Executor of a California Estate If you have already been appointed by the court as the executor of a loved one's Will and you wish to resign, you need to file a petition with the court. In your petition, you need to explain why you want to resign.
The duration of this process can vary significantly, typically ranging from several months to over a year, depending on factors like the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.
Georgia is one of a few that allows heirs to forego the probate process, with no estate dollar value limitation, as long as: there are no outstanding debts. all heirs agree with the distribution plan. there is no last will and testament.