Legal Question in Wills and Trusts in Georgia

An executor is exclusive to cases where there is a will. An Administrator of the Estate is appointed by the Court upon the filing of a Petition, an it could be an heir,beneficiary, or other. A petition must be filed and all other heirs at law must be notified and given time to object to the petition.

If there is no will then there is no executor. Instead, there is an administrator (same job just different title as noted by Attorney Gardner). Anyone can apply to be an administrator including a creditor of the deceased. However, there can be no beneficiary of anything because you indicate there is no will.

There is an order of preference for an administrator - generally, its the surviving spouse and then children of the deceased. If there is no one then anyone else can apply by petitioning the court. The petition must then be served on all of the heirs under the intestacy law as noted above. If no objection is filed the petition is granted. If an objection is filed, then the court/clerk hears evidence and decides.

You do not indicate your relationship to the deceased. If you are anyone other than a spouse or child or if there are several children who may contest, I suggest that you speak to a probate attorney. If you are the sole heir, then there is probably not going to be any problems.