Skip to main content

Can the Executor be changed once the probate process has started?

Atlanta, GA |

In the state of Georgia, when there is no will and the heirs have agreed on and selected an Executor (from the group of heirs) for the probate process, can the Executor be changed voluntarily once the probate process has already started or once you select an Executor do they have to continue for the entire process of settling the estate?

This would not be for any extenuating circumstance such as incapacity, but what if they just choose to step down as Executor and select another heir whom the group agrees upon. What does that involve, is it difficult to change the Executor in probate?

Attorney Answers 4

Posted

As long as there is good cause or there is no valid opposition to the change in who the personal representative(s) is/are, a change is permitted as long as the proper forms are submitted to the probate court and sufficient notice to all heirs is achieved.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

The Executor can step down at any time for any reason or no reason. All that is required is that the court is notified of the change and all the heirs have agreed to the change. The heirs would have to sign off on the change. Other than that, it should be no problem.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

The administrator (if there is no Will, other is an Administrator in Georgia, not an Executor) would need to file a Petition for Discharge of Personal Representative. I would ask for release from liability as part ofthe

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.

Mark as helpful

1 found this helpful

3 lawyers agree

1 comment

Loraine M. DiSalvo

Loraine M. DiSalvo

Posted

Petition. The Petition can be modified to include a request for appointment of the replacement. All unpaid creditors and all beneficiaries have to either consent or receive notice. I advise getting an experienced probate lawyer to be help. Best wishes, and sorry my answer above got cut off.

Posted

You may absolutely change the executor thru the Probate Court. The Executor would be in agreement for this to be easy.

It would not be necessary to hire a lawyer to address this issue, but it would be much easier.

Mark as helpful

1 lawyer agrees

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics