Legal Question in Wills and Trusts in Georgia

You need to finish in a reasonable time. What is reasonable depends on the case and facts and should be discussed with your attorney. Every executor needs a lawyer.

There is no time limit but most estates close in 1-2 years. It would be unusual to keep open for longer than that but there could be extenuating reasons. The personal representative must file an account annually for as long as the estate is open. See OCGA � 53-7-67. If the account is not filed with 60 days after the anniversary date, the clerk can make inquiry and ultimately remove the personal representative if he/she is not doing the job. See OCGA � 53-7-72.

The reason why an estate can take 1-2 years is that final tax approval must be obtained from the federal and/or state tax authorities. The returns may not be filed immediately (most times its within 9 months of death) and then the tax authorities have to give notice of approval

While early distributions to heirs/beneficiaries can occur, such distributions are at the risk of the personal representative. The personal representative must hold back enough funds to cover any anticipated tax liaibilities as no personal representative wants to be in the position of disbursing assets only to have to ask for the property (whether its land, cash or something else) to be returned because there are not enough funds in the estate.

You do not indicate whether you are the personal representative or a beneficiary, how long the estate has been opened or what assets are in the estate. My advice would be to get a copy of the court file (if you are a beneficiary) and pay a probate attorney in Ware County to review the will, inventory and any accountings that have been filed to determine if the perrsonal representative is doing their job or has been dragging their feet.

If you are an executor, then I am not sure why you are asking. As noted by Attorney Ashman, the estate should have a probate attorney. If the estate does not have one, get one. If you cannot afford an attorney, you might want to discuss this with the clerk of the Ware County probate court. Most clerks will not give legal advice but they will try and be helpful. You will want to review the statutes about filing accountings and make sure that your accounting is timely filed. If it has not been filed, then you will need to explain to the clerk why it has not been filed and when you intend to file it.