Legal Question in Wills and Trusts in Georgia
Probate
My brother has been named exceutor of the estate of our g.mother in her will. He lives in another state and wants to give up that right where should go from here?
2 Answers from Attorneys
Re: Probate
If the will needs to be probated (i.e., there are debts, or she owned real property), your brother will need to execute a renunciation of his appointment, and another heir at law will need to offer the will for probate and ask to be appointed as admnistrator with the will annexed (or, if the will names a successor executor, the successor executor does this).
If the will does not require probate, the estate can be distributed by agreement, if all of the heirs at law (including your parents, any siblings other than your brother, your aunts and uncles, and your grandfather, if he is living) can agree. If they can't agree, the will must be probated.
Re: Probate
This is not difficult, but explaining it in this type of forum is difficult. Consult with an attorney in the county in which your grandmother lived at the time of her death.