Being named executor in a loved one’s will can feel like an honor and a burden at the same time. Most people who take on the role have never done it before, and Georgia’s probate process has enough moving parts that it is easy to miss a step. This guide walks through what an executor actually does in Georgia, in the order those tasks typically happen, based on the Georgia Probate Code found in Title 53 of the Official Code of Georgia Annotated.
Georgia uses the term “personal representative” as the umbrella term covering both an executor, who is named in a will, and an administrator, who is appointed by the court when there is no will or no willing executor. Everything below applies to executors specifically, though much of the process overlaps with administration.
Step 1: File the Will in the Right County
Probate happens in the probate court of the county where the deceased person lived at the time of death. Georgia has 159 counties, each with its own probate court, so filing in the wrong county can create delays.
As the named executor, you generally have the first right to offer the will for probate. If you do not act, any other interested person, such as a beneficiary, heir, or creditor, can step in and file it instead. Georgia law sets an outer deadline of five years after death to offer a will for probate, but waiting anywhere near that long creates real problems, since creditors may act and heirs may begin relying on the assumption that there was no valid will.
Step 2: Choose Common Form or Solemn Form Probate
Georgia offers two tracks for probating a will, and the choice affects both speed and finality.
Common form probate does not require notifying every heir and beneficiary, which makes it faster and simpler up front. The tradeoff is that the will remains open to a legal challenge for up to four years after it is admitted to probate.
Solemn form probate requires formally notifying every heir and beneficiary and giving them a chance to object before the will is admitted. It takes more effort at the outset, but once a will is admitted in solemn form, the result is final and cannot be contested later.
For most families, solemn form is worth the extra step, particularly if there is any chance of a dispute, a blended family, or estranged relatives. If the will includes a self-proving affidavit, signed by the testator and witnesses before a notary at the time the will was made, the court can generally accept the will without needing to track down witnesses to testify, which speeds up either track considerably.
Step 3: Qualify as Executor
Being named in a will does not automatically give you legal authority to act. You must formally qualify with the probate court, which involves taking an oath to faithfully perform your duties and, unless the will waives the requirement, posting a bond to protect the estate against mismanagement. Once you have taken the oath and satisfied any bond requirement, the court issues Letters Testamentary. This document is your legal proof of authority, and you will need to present it to banks, the Georgia Department of Revenue, transfer agents, and anyone else who needs confirmation that you have the right to act on behalf of the estate.
Step 4: Secure Assets and Open an Estate Account
Once you are qualified, your first practical task is locating and protecting everything the deceased owned. This typically means securing real estate, changing locks if needed, gathering financial account information, and opening a dedicated estate bank account. Money coming into the estate, such as final paychecks, refunds, or dividends, should flow into this account, and estate expenses should be paid out of it. Keeping estate funds completely separate from your own money is one of the simplest ways to avoid disputes and protect yourself from personal liability later.
Step 5: Publish Notice to Creditors
Within 60 days of qualifying, Georgia law requires you to publish a notice to creditors in the official legal newspaper of the county, once a week for four consecutive weeks. This notice puts unknown creditors on notice that they need to come forward. After the last publication, creditors generally have three months to submit a formal claim against the estate.
Georgia law also gives you, as the personal representative, up to six months from qualification simply to assess the condition of the estate before creditors can generally sue you directly. This breathing room exists precisely because gathering assets and understanding what debts actually exist takes time.
If the estate cannot pay every debt in full, Georgia law sets a strict order of priority for paying claims: year’s support for a surviving spouse and minor children first, then funeral expenses, then the costs of administration such as court fees and attorney fees, then expenses of the decedent’s last illness, then taxes, then secured debts and judgments according to their lien priority, and finally general unsecured claims. Paying a lower-priority debt before a higher-priority one can expose you personally to liability for the shortfall, so this order matters and should not be treated casually.
Step 6: File the Inventory
Within six months of qualifying, you must file an inventory of the estate’s assets with the probate court and mail a copy to every beneficiary or heir entitled to receive one. The inventory lists everything the decedent owned that is subject to administration, along with an estimated fair market value. A formal appraisal is generally not required for most items. This deadline can be extended by the court for good cause, and the requirement can be waived entirely if the will says so or if all beneficiaries agree in writing that it is unnecessary. Even when the formal filing is waived, beneficiaries may still be entitled to information about the estate on request.
Step 7: Pay Debts, File Tax Returns, and Keep Records
Beyond responding to formal creditor claims, you are responsible for paying the decedent’s legitimate debts, filing the decedent’s final personal income tax return, and handling any estate-level tax filings that apply. Georgia does not impose a state estate tax or inheritance tax, but a federal estate tax return may be required for larger estates, and that federal deadline generally runs nine months from the date of death.
If the estate remains open longer than a year, you generally must file an annual return, essentially an accounting of everything received and spent, within 60 days of each anniversary of your appointment, continuing every year until the estate is closed. Like the inventory, this requirement can be waived by the will or by unanimous agreement of the beneficiaries, but good recordkeeping protects you either way if a beneficiary later questions how the estate was handled.
Step 8: Distribute the Assets
Once debts, expenses, and taxes are resolved, you distribute the remaining assets according to the terms of the will. This includes honoring any specific bequests, such as a particular item left to a particular person, before dividing whatever remains among the residuary beneficiaries. Clear communication and documentation at this stage, including signed receipts from beneficiaries, helps prevent later disputes about what was distributed and when.
Step 9: Close the Estate
When everything has been paid, filed, and distributed, you file a final accounting along with a petition for discharge, asking the court to formally release you from your duties. If the court finds that you have properly carried out your responsibilities, it grants the discharge, which closes the estate and protects you from further liability related to your service as executor.
You Can Decline to Serve
Being named executor in someone’s will is not a legal obligation. You can decline to serve, formally renouncing the appointment with the probate court, and the person named as successor executor in the will would then take over. If no successor is named or willing to serve, the court appoints an administrator instead. There is no shame in declining if the responsibility does not fit your circumstances, whether because of distance, time constraints, or simply not wanting the role. It is far better to decline at the outset than to qualify and later fail to carry out the duties properly.
If There Is No Will
When someone dies without a valid will, or the will fails to name anyone able or willing to serve, the probate court appoints an administrator instead of an executor. The role and the underlying duties described above are essentially identical. Georgia law gives the surviving spouse first priority to serve as administrator, unless the couple was in the process of divorcing at the time of death, followed by other heirs in an order set by statute. Rather than following the terms of a will, an administrator distributes the estate according to Georgia’s rules of intestate succession, which determine which relatives inherit and in what shares.
What Executors Are Paid
Unless the will or a written agreement between the executor and beneficiaries specifies a different amount, Georgia law entitles a personal representative to a commission of 2.5 percent of all money received on behalf of the estate and another 2.5 percent of all money paid out, whether for debts, expenses, or distributions. For property distributed in kind rather than sold, the court may award additional reasonable compensation, up to 3 percent of the appraised value. This compensation counts as taxable income to the executor.
How Long Does This Actually Take
There is no single statewide deadline for closing a Georgia estate. Straightforward estates handled in solemn form, without disputes or complex assets, commonly close within six months to a year. Estates involving litigation, a business interest, out-of-state property, or significant tax complexity can take considerably longer, sometimes several years.
If Someone Contests the Will
Not every probate proceeding goes smoothly. An heir or beneficiary who believes the will is invalid, perhaps due to forgery, undue influence, or a claim that the decedent lacked the mental capacity to make a will, can file a formal objection called a caveat with the probate court. When a caveat is filed, the executor’s job shifts from routine administration toward defending the will, which usually means working closely with an attorney and can significantly extend how long the estate stays open. This is one more reason solemn form probate, which forces objections to surface early rather than years later, tends to serve executors and beneficiaries better in the long run.
Getting Help
Serving as an executor comes with real legal responsibilities and real personal liability if those responsibilities are handled incorrectly, all while you may be grieving the loss of the person who named you. Missing a creditor deadline, paying claims out of order, or distributing assets before resolving the estate’s debts are the kinds of mistakes that can follow an executor personally, not just the estate.
If you have been named executor of a Georgia estate, or if you are trying to determine whether an estate needs full probate at all, talk to an experienced Georgia probate attorney early in the process. Getting the sequence right from the beginning is far easier than untangling a mistake after the fact.
This article is provided for general informational purposes and reflects Georgia law as of 2026. It is not legal advice and does not create an attorney-client relationship. Every estate is different, and you should consult a licensed Georgia attorney about your specific situation.