Legal Question in Wills and Trusts in Georgia

What can I do to force executor to close estate


Asked on 5/17/15, 11:25 pm

1 Answer from Attorneys

You can't really unless the executor is not doing his/her job. You post no details here. Most estates, depending on the size and complexity, take 1-2 years to close. If the executor cannot close the estate after a year, he/she usually has to file annual reports advising the clerk of the court why the estate is still open. At some point, the clerk will take action if the executor is not doing his/her job.

First, I would go and review the estate file to see what has or has not been done. Second, I would talk to the clerk if it looks like the estate has been open for a long time (more than a year) and nothing has been done. Third, if you can afford it, then I would make a copy of the file and take it to a probate attorney who practices in the county/state where the estate is pending. If nothing else, the lawyer can send a letter to the executor or his/her attorney and that may light a fire. If no action has been taken, then you can seek to have the executor removed and anyone can be appointed as successor unless the will names a successor who is willing/able to serve.

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Answered on 5/18/15, 3:03 pm


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