Legal Question in Wills and Trusts in Georgia

Yes. Absent that you have no authority to act for an estate. And before you do either step, it is vital that you see a lawyer, as the missteps you make before this point are often unfixable.

Yes. I agree with Attorney Ashman. You cannot open a bank account for the estate or do anything else until you are officially appointed by the court. That means you have to apply to become the executor and file a probate petition (assuming that this is in Georgia). The only exception might be where you have a very small estate (under $10,000) - in those cases, an executor can sometimes use a simplified process to collect assets by affidavit. Not all states make this procedure available.

While you may or may not need to hire an attorney to help you probate and administer an estate, I would at the very least consult with a probate attorney who practices in the county/state where the estate for the dead person will be probated. Some counties have their own rules about things and it will help if the attornney is familar with the county clerk's practices.