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In Georgia, the Executor or Administrator files a Petition to Discharge the Personal Representative to Close a Probate Estate. This Petition is filed after all of the debts, expenses and taxes have been paid, tax returns filed, and remaining assets distributed.
Those in Georgia who have concerns regarding the executor charged with administering their loved one's estate have legal recourse. They can petition the probate court to remove the current executor with documented evidence to support the claim of incompetence, wrongdoing or incapacitation.
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.
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.
WILLS AND EStATES PetitionFiling FeesPetition for Letters of Administration$164, + $80 PUBLICATION (IF NEEDED) +$2 PER PAGEPetition for Temporary Letters of Administration$164, +$2 PER PAGEPetition to Probate Will in Solemn Form$164 + $2 PER PAGEPetition for Year's Support$240 + $25 IF REAL PROPERTY + $1 PER CITATION6 more rows
If you are the beneficiary of an estate and believe the executor is acting dishonestly or incompetently, you should speak with a lawyer about your legal rights. You may be able to sue to replace the executor, recover damages, or both.
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.
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.