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In Georgia, the Executor or Administrator files a Petition to Discharge the Personal Representative to Close a Probate Estate. This Petition is filed after all of the debts, expenses and taxes have been paid, tax returns filed, and remaining assets distributed.
What is a Petition to close a probate estate in Georgia?
In Georgia, the Executor or Administrator files a Petition to Discharge the Personal Representative to Close a Probate Estate. This Petition is filed after all of the debts, expenses and taxes have been paid, tax returns filed, and remaining assets distributed.
Can an administrator of an estate be removed in Georgia?
An executor or trustee may be removed in Georgia under the following circumstances: When an executor or trustee does not fulfill the terms of the Will or trust. When an executor or trustee distributes for personal gain at the expense of beneficiaries. When an executor or trustee acts fraudulently.
What is the code 53 7 50 in Georgia?
53-7-50 (e), petition the court solely for discharge from office but not from all liability. 2. If the petition is filed by a personal representative, the notice to debtors and creditors must have been published for four weeks, and three months must have elapsed from the date of the last publication. O.C.G.A.
What is Georgia Code 53 7 55?
Upon the petition of any person having an interest in the estate or whenever it appears to the probate court that good cause may exist to revoke the letters of a personal representative or impose other sanctions, the court shall cite the personal representative to answer to the charge.
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How long does an executor have to settle an estate in Georgia?
There is no deadline for settling a Georgia estate. Depending on the size of the estate, beneficiaries can anticipate the probate process to take anywhere from six months to several years. While there is no deadline, there are dispute deadlines that beneficiaries should consider.
How do I remove an executor in Georgia?
Seeking legal counsel Those in Georgia who have concerns regarding the executor charged with administering their loved ones estate have legal recourse. They can petition the probate court to remove the current executor with documented evidence to support the claim of incompetence, wrongdoing or incapacitation.
What is the title 53 of the Georgia Code?
Title 53 - Wills, Trusts, and Administration of Estates.
Related links
Discharge Petition 0003
Motion to Discharge a Committee from the Consideration of a resolution ; May 7, 2009 ; To the Clerk of the House of Representatives:
petition and discharge the person from the custody of the county department. (dg) The court shall proceed as if a petition were filed under s. 51.20(1) if
This form is to be used for a petition for discharge of a personal representative pursuant to O.C.G.A. 53-7-50 or discharge of a temporary administrator
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