Legal Question in Wills and Trusts in Georgia
Is an estate/will executor required to distribute assets to all heirs at the same time?
2 Answers from Attorneys
There could be endless examples of why it would not be necessary or appropriate.
I am not sure what you are asking. A will is submitted for probate and the estate is then administered. In a nutshell, the executor's job is to find out what the decedent owned, what the decedent owed, pay all claims or just debts and then distribute what is left to the beneficiaries.
While things like the personal effects of the deceased can be distributed to the beneficiaries named in the will after they have been inventoried (the inventory is submitted to the court), big ticket items like land or a car are more of a risk. The beneficiaries are not entitled to any property until the just debts of the estate are paid. If there is enough assets in the estate, its ok. But the executor has to make it clear that any distributions are at risk (the executor can be held personally liable if he/shge causes a loss to the estate) and that if more money is needed to pay any claims (like for taxes) the executor can reclaim the property.
Since I don't know what assets are in the estate or the stage of the proceedings here (have final tax returns been filed? have the assets been inventoried?) I suggest that the executor get a probate attorney to assist with the estate. I would not distribute any assets until after they have been inventoried. After that, personal effects can be distributed and any other property provided that there is enough money in the estate to pay any claims. I would also make the beneficiaries sign a release/receipt acknowledging that they received the property to which they were entitled under the will as the executor will need this when the final accounting is filed.
If you are a beneficiary, you cannot demand that the executor distribute property early. Again, it depends on the status of probate and if the assets are inventoried. While you can request an early distribution, you have no real right to demand it.