Legal Question in Wills and Trusts in Georgia

Post-probate estate settlement
My mother died in August 2001. She had a simple will, leaving all property, real and personal, to be divided equally among her four offspring, per stirpes. At the time of her death, the youngest son lived in her home and was made executor of the will. After her death, my sister moved into the house with the brother. The will has gone through uncontested probate in Georgia. The two remaining brothers are still waiting on distribution of the estate.

I understand probate is complete and have had no communication with the executor, my brother. What is the minimum period required by Georgia law to probate the estate and is that to be expected for a simple uncontested will probate? What actions might constitute completion of probate for purposes of property settlement (such as IRS estate tax filing); essentially, is there anything more beyond probate completion that would delay property disbursement)? Lastly, since two of us are currently prohibited from realizing our share and cannot charge rent of the other two for their occupancy of the property, is my perception correct that we can force sale of the property in order to effect distribution of our shares?

Asked on 1/23/03, 3:32 pm

2 Answers from Attorneys

Lynwood Jordan Lynwwod Jordan, Attorney at Law

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Re: Post-probate estate settlement

You should have an attorney check the Probate and real estate records to determine what has been, and what has not been, done. Once you have a solid factual background on the status of the estate, there are procedures where an heir or beneficiary can force things to happen. There is no time limit on estate administrations. There are time frames in which certain actions are to be accomplished. Once the administration is complete, there is a civil action in Georgia where property can be divided among owners or, if not divisible, sold and the proceeds divided. Your attorney would need to make sure the estate administration was at a certain point, though, before such a civil action could be instituted.

Answered on 1/23/03, 3:48 pm

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