How Long Does An Executor Have To Settle An Estate In Georgia?

How Long Does An Executor Have To Settle An Estate In Georgia

How long does an executor have to settle an estate in Georgia? 

In this article, you’ll learn about:

  • how long the executor has for each step of the probate process
  • what affects the timeline to settle the estate
  • what are the repercussions if the executor doesn’t settle on time
  • what to do if the executor is dragging their feet

Let’s dig in. 

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How Long Does An Executor Have To Settle An Estate In Georgia?

There are no time limits for an executor to settle an estate in Georgia. 

The average time it takes an executor to settle an estate in Georgia is 12-18 months. 

How long it takes an executor to settle an estate depends on:

  • the complexity of the estate
  • the size of the estate
  • the number of beneficiaries involved

But, executors should be aware of some general guidelines and deadlines.

Here are some specific time limits related to the probate process in Georgia:

  1. Filing the will: The original will must be filed with the probate court within 5 years of the date of death. If the will is not filed within this time frame, it may be considered invalid.
  2. Petition for probate: The executor must file a petition for probate with the probate court within 2 years of the date of death.
  3. Notice to creditors: The executor must provide notice to all known creditors of the estate within 3 months of the date of appointment.
  4. Inventory and appraisal: The executor must file an inventory of all assets of the estate and obtain appraisals of any assets that require valuation within 3 months of the date of appointment.
  5. Payment of debts and taxes: The executor must pay off any debts or taxes owed by the estate within 1 year of the date of appointment.
  6. Distribution of assets: The executor must distribute the remaining assets of the estate to the beneficiaries according to the terms of the will within 1 year of the date of appointment.
ActionTime Limit
Filing the willWithin 5 years of date of death
Petition for probateWithin 2 years of date of death
Notice to creditorsWithin 3 months of appointment
Inventory and appraisalWithin 3 months of appointment
Payment of debts and taxesWithin 1 year of appointment
Distribution of assetsWithin 12 months of appointment

What If The Executor Does Not Settle An Estate In Time?

Let’s say the executor fails to meet any of the probate deadlines in Georgia.

It can result in various consequences, like:

  1. Delayed Probate Process: The probate process may be delayed, resulting in additional costs, frustrations, and potential legal action.
  2. Personal Liability: Executors who do not meet probate deadlines may be held personally liable for any damages caused to the estate or its beneficiaries.
  3. Removal as Executor: Beneficiaries or other interested parties may petition the court to remove the executor and appoint a new one, citing the failure to meet deadlines as grounds for removal.
  4. Loss of Inheritance: Beneficiaries who feel that their inheritance is being unduly delayed can petition the court to distribute assets to them before the probate process is completed, potentially resulting in loss of inheritance for other beneficiaries.

Other Things That Effect How Long It Takes To Settle An Estate

Some things take extra time for an executor to settle an estate, like: 

  • Time to Locate and Secure Assets: The executor may need to spend additional time locating and securing all assets of the estate, especially if the deceased did not leave clear instructions on where to find them.
  • Time to Determine Validity of Claims: The executor must review and determine the validity of all claims against the estate, which can take time if there are disputes or if the claims are complex.
  • Time to Resolve Disputes: If beneficiaries or other parties dispute the validity of the will or the distribution of assets, this can add significant time to the probate process.
  • Time to Sell Assets: If the estate includes assets that need to be sold, such as real estate or stocks, it may take time to find buyers and complete the sale.
  • Time to File Taxes: The executor must file all necessary tax returns for the estate. This can take several months or more. It depends on the complexity of the estate and the number of tax issues involved.

Read More: How Much Time After Selling A House Do You Have To Buy A House To Avoid The Tax Penalty?

What To Do If An Executor Is Taking Too Long To Settle An Estate In Georgia?

Let’s say that the executor is taking too long to settle the estate in Georgia. 

Some steps that the beneficiaries can take to speed things up are:

  • Contact the Executor: The beneficiary can contact the executor and express their concerns. Sometimes, a simple conversation can resolve any misunderstandings and encourage the executor to move forward with the probate process.
  • Contact the Probate Court: The beneficiary can contact the probate court and request a status update on the probate process. The court may be able to provide information on the progress of the probate process and any potential delays.
  • Petition the Court: If the beneficiary believes that the executor is not fulfilling their duties, they can file a petition with the probate court requesting that the court take action. The court may order the executor to take specific actions or may remove the executor and appoint a new one.
  • Hire an Attorney: The beneficiary can hire a probate attorney to represent their interests in the probate process. The attorney can work with the executor and the court to ensure that the probate process is completed as efficiently as possible.

FAQs About How Long An Executor Has To Settle An Estate In Georgia

Here are common questions we get about this topic.

How Long Does It Take To Receive An Inheritance After Death?

Inheriting assets after a loved one’s death can take up to several years. 

Simple estates may settle within six months.

Complex estates can take longer, especially if an estate tax return is required.

Read More: How Long Does The Executor Have To Pay The Beneficiaries?

How Long Does Money Have To Stay In An Estate Account?

There is no set time limit for how long money has to stay in an estate account. 

The length of time depends on the complexity of the estate and the probate process. 

The estate account can be closed after:

  • all debts and taxes are paid 
  • the assets are distributed

How Long Does It Take To Settle An Estate After A House Is Sold?

The average time it takes to settle an estate after a house is sold is ~6 months. 

Read More: How Long Does Money Have To Stay In An Estate Account

How Long Does It Take To Settle An Estate Without A Will?

It can take 12-18 months to settle an estate without a will in Georgia

When there is no will, the estate gets distributed per Georgia intestate laws. 

The court must determine:

  • who the rightful heirs are
  • how to distribute the estate

How Long Does It Take To Settle An Estate With A Trust?

The average time it takes to settle an estate with a trust is ~6 months. 

Trusts bypass the probate process, making the time to settle an estate faster. 

Read More: How Long Does The Executor Have To Read The Will?

How Long Can You Keep An Estate Open After Death?

There is no fixed time limit for keeping an estate open after death. 

Getting Help With Settling An Estate In Georgia

Settling an estate can get very confusing. 

Our estate planning attorneys can help you regardless of whether you’re:

  • an executor trying to figure things out
  • a beneficiary needing to get an executor a nudge

Either way, fill out the form on this page to get a free consultation. 

Talk soon. 

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We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

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