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What Is The First Thing An Executor Of A Will Should Do In Georgia? (5 Important Steps)

What Is The First Thing An Executor Of A Will Should Do In Georgia

Your loved one just passed away. 

What is the first thing an executor of a will should do in Georgia? 

We’re going to go over:

  • the first 5 things you should do
  • what to look out for
  • actionable steps to take 

This will simplify the probate process for you. 

Let’s dig in.

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What Is The First Thing An Executor Of A Will Should Do In Georgia?

Here is a list of the first things an executor should do:

  1. Get the Death Certificate: Ask the funeral home or the Georgia Department of Public Health for the death certificate.
  2. Find and Keep the Will Safe: Look for the will and important papers, then keep them in a safe place.
  3. Talk to a Probate Lawyer: Get help from a lawyer who knows about wills and estates.
  4. File the Will in Court: Take the will and death certificate to the probate court in the county where the person lived.
  5. Tell Beneficiaries and Creditors: Let the people named in the will and the people owed money know about the person’s death.

There are more steps to the probate process. 

Here is a full guide on Georgia’s estate administration.

Understanding the Executor's Role

An executor is a person chosen in a will to take care of a deceased person’s estate. 

They make sure the deceased person’s wishes are carried out. 

Here are the main responsibilities of an executor:

  1. Find the Will: Find the will to know what the deceased person wanted.
  2. File the Will: Take the will to the probate court to start the legal process.
  3. Tell Beneficiaries and Creditors: Let the people who will get something and those owed money know about the death.
  4. List the Estate’s Assets: List all the things the deceased person owned, like property, money, and valuables.
  5. Manage the Assets: Take care of the estate’s things until they are given out.
  6. Pay Debts and Taxes: Pay any money owed, like bills and taxes.
  7. Distribute the Assets: Give out the remaining things to the people listed in the will.
  8. Close the Estate: Finish up by filing final paperwork with the court to officially end the process.

The First Things The Executor Should Do

Let’s discuss your role as the executor and all the steps mentioned above. 

Getting The Death Certificate

You need to get a death certificate for the probate process. 

This confirms their death and includes details like when and how they died. 

You’ll need the death certificate for:

  1. Starting Probate: The court needs this paper to begin the probate process.
  2. Accessing Assets: Banks and other places need it to release the person’s money and property.
  3. Notifying Agencies: Groups like Social Security and insurance companies need it to stop benefits and handle claims.

You can get the death certificate by:

  1. Ask the Funeral Home: The funeral home can help you get the death certificate.
  2. Vital Records Office: You can also get it from the Georgia Department of Public Health’s Vital Records Office online, by mail, or in person.
  3. Provide Details: You’ll need to give the person’s full name, date of death, place of death, and your relationship to them.
  4. Pay the Fee: There’s a cost for each copy of the death certificate.

Gathering Important Documents

You have to file the original will with the probate courts. 

You CANNOT file a copy of the will without extra court processes. 

You’ll also want to gather other documents, like: 

  • trusts
  • deeds
  • bank statements
  • insurance policies

Talk To A Probate Lawyer

The probate process is overwhelming. 

If you do it wrong, you could be financially liable for losses for: 

  • the estate
  • creditors
  • beneficiaries

To make sure it’s all done correctly, hire a probate lawyer. 

They help you: 

Fill out the form to talk to a probate lawyer. 

Read More: How To Distribute Assets To Beneficiaries

File The Will With The Probate Courts

Here are the steps for the executor to file the will: 

  • Find the Will: Look for the original will in places like a home safe, bank, or with the person’s lawyer.
  • Go to the Right Court: Visit the probate court in the county where the deceased lived.
  • Gather Required Documents: You’ll need the original will, the death certificate, and a probate petition form.
  • File the Documents: Submit the will, death certificate, and probate petition to the court.
  • Pay the Filing Fee: There’s a filing fee. Check with the court for the exact amount.
  • Attend the Probate Hearing: The court will schedule a hearing to review the will. The executor named in the will should attend. If the court approves the will, the executor can start managing the estate.
  • Notify Beneficiaries: The executor must inform everyone named in the will and any other potential heirs about the probate process.

We will fill out the Probate Petition for you for FREE. 

Just fill out the form on this page to get help from our probate lawyers.

Notify Creditors And Beneficiaries

The executor of a will has to notify:

  • Creditors: people or companies owed money by the deceased. 
  • Beneficiaries: people who will inherit the deceased’s assets.

To notify creditors: 

  • Identify Creditors: List all people or companies the deceased owed money to.
  • Publish a Notice: Put a notice in a local newspaper once a week for four weeks.
  • Send Direct Notices: Mail notices to known creditors, telling them how to claim their money.

To notify beneficiaries: 

  • Identify Beneficiaries: Check the will or follow Georgia’s laws to find out who inherits the property.
  • Send Notices: Mail notices to beneficiaries, telling them about the probate process and their inheritance.

If you don’t notify creditors correctly, you could face: 

  • Legal Issues: they can sue the estate or the executor. 
  • Personal Liability: the executor could be personally liable for unpaid debts.

Fill out the form on this page to get help from a probate lawyer.

Get Help From A Probate Lawyer

Are you overwhelmed trying to figure out what is the first thing an executor of a will should do in Georgia? 

Our probate attorneys handle everything for you.

We specialize in taking as much as possible off your plate so that you are not: 

  • personally financially liable
  • accidentally breaking the law
  • filling out the paperwork wrong
  • not notifying or paying off creditors
  • dealing with disputes among family and partners

Fill out the form to get a have us fill out your Petition for FREE.

Ready to Secure Your Family’s Future?

Avoid the delays, expenses, and public exposure of probate.

Schedule your free, no-pressure Estate Planning Roadmap Call today.

Schedule Your Free Strategy Call

"*" indicates required fields

Name*

What Areas We Serve For Probate

Our Georgia probate lawyers work remotely, so you don’t have to visit an office. Here are all the counties we serve in Georgia. 

Gwinnett County
Fulton County
Cobb County
DeKalb County