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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.
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.
Once the Georgia probate court appoints an executor or administrator to manage the estate, Georgia law instantly puts a six-month hold on all creditor claims from the date of the appointment.
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.
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.
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.
To remove an executor of an estate, an interested party can file a petition in probate court. This legal action alleges that the executor is unfit due to reasons such as negligence, misconduct, or incapacity. Such a petition ensures the proper administration of the estate.
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.