Legal Question in Wills and Trusts in Georgia

I'm sorry for your loss. Your attorney (and yes, that is step one and necessary) will prepare a document to file with the remaining probate paperwork.

Your brother has to file a renunciation or declination. if no one has been appointed (unlikely given the of your mother's death) then your brother simply files a declination with the probate court as per the below statute.

I agree with Attorney Ashman though. You need to at least consult with a probate attorney to find out what your overall duties are. Whether you hire an attorney or not is up to you and depends on the size and complexity of the estate. If you are asking questions at this stage though about simple things you migh benefit from having the assistance of counself to guide you through the process.

OCGA � 53-6-12. Declination

A nominated executor may decline in writing the right to serve as executor, but this shall not preclude the nominated executor from qualifying at a later time to serve as executor or administrator with the will annexed to fill a vacancy.