The rejected creditor can then typically petition the court to override the executor's decision. Step 2 Obtain a copy of the death certificate by contacting the Department of Health, Registrar of Vital Statistics or Bureau of Records in your state. Title: GA - Executor's Deed Author: Cinda Polley Last modified by: Russell Giorno Created Date: 4/6/2010 3:03:00 PM Company: Land America Other titles 1. If you’d like a bit more (free) help understanding the estate settlement process, you can answer a few simple questions and get a free custom executor plan here on Executor.org.. And, here are the executor fees by state, so you know how much compensation is reasonable. If not, the executor must pay the taxes and obtain a release from the tax agencies proving they were paid. For more information or to discuss the estate planning options, call our office at (678) 784-4150 to speak with an experienced Georgia estate planning attorney today. The starting point in Georgia for determining the fee to be paid to the Executor of an estate (Personal Representative is a broader term, but Georgia law actually does still speak of an Executor where there is a Will, and your Letters Testamentary will be issued to you, as Executor, not as Personal Representative) is the Will itself. Doctoral Degree. Sale of Stock by Executor … Executor’s Commission 13 2. To keep things simple, EstateExec just refers to all of these roles as the "Executor". Atlanta, GA mradford@gsu.edu. Adapt the language to fit your circumstances. Conclusion. A beneficiary or an estate creditor can file suit against the executor to settle any debts. You can be held personally liable for damages if you don’t strictly adhere to the probate laws. An executor is the person who oversees the estate of a person who died with a will. In Georgia, this process occurs in a Georgia probate court, and it can continue for more than a year by the time a will is validated, representatives for the estate are chosen, and creditors are notified. As the executor of an estate, you may be called on to sell a house to pay off debts or expenses, or simply to distribute the estate among the beneficiaries. Most executors are entitled to payment for their work, either by the terms of the Will or under state law. Consulting with an experienced attorney can save you time and money down the road. Given the importance of choosing the right person for the role of executor, it is imperative to have an estate plan so that the choice is yours. This proves the debts of the estate are taken care of. Law Pro. In Colorado, the estate executor is known as a "personal representative", or more generally, a "fiduciary". The process of evaluating a person’s estate and distributing their property is a tying one with many different elements involved. For example, people who have been given a power of attorney of some one's financial affairs have the fiduciary duty not to squander that person's assets. Georgia customarily uses the term "personal representative" to refer to both executors and administrators, but get more specific when it comes to conveying title to real estate. Related Professions for Executor in Atlanta, GA 0 4 8 12 16 Executor Trust Law Attorney Manager Owner Counselor Project Manager Property Manager Licensed Real Estate Broker Human Resources Specialist Chief Executive Officer § 53-5-2. Georgia Real Estate. 19,000 satisfied customers. My Grandfather just died and he left no will. This is commonly referred to as the executor's/administrator's "fiduciary duty." The executor petitions the court for probate, the legal proceeding that grants him the legal authority to carry out his duties. 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