How do I change the executor of a will?
Changing the executor of a will in Georgia begins with the current executor. The current executor must initiate a process to revoke or renounce the will, as allowed by the state’s Probate Code. A renunciation is a formal document indicating the executor’s intent to no longer be responsible for the administration of the will. Once the renunciation has been made, the person named within the will to take over may then qualify as the executor. If the will does not address a substitute executor, the court will have to appoint someone in the event of the current executor’s death or incapacity. Under Georgia law, the state can appoint a family member, such as a spouse, parent, child, sibling, or other relative, to serve as the executor of the will. If the will does name a substitute executor, this individual must present the renunciation of the original executor and their own acceptance of the executorship to the court. They must then file an “Executor’s Bond” with the court to ensure they remain faithful and honest in the performance of their duties as the executor. Once all the appropriate paperwork has been filed with the court, the court may then grant powers to the substitute executor. This will allow the substitute executor to act on behalf of the decedent’s estate. This process is complex and it’s advised to consult with a lawyer to ensure the correct steps are taken.
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