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Georgia probate law.What is the pocedure for dealing with a will.And whats the diffrence between a Adminitrator and Executor!

Asked almost 3 years ago - Atlanta, GA

I have five siblings.Our grandmother passed a few years ago.Leaving everything(property) to our father who had no spouse.Two weeks after our grandmother passed,our father passed suddenly and had no will.A family member was executor of said estate.But we all gave permission for our younger sister to become adminitrator.The family memeber has not been able to give burden of proof that we dont have rights to property.Its been over five years now.What can we do since dad had no will.Who would the property go to!

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Attorney answers (2)

Robert W. Hughes Jr.

Reputation Level 13

Answered almost 3 years ago. Probate Attorney in Stone Mountain, GA.

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It seems that you are saying that one of the family members (I do not know if it is one of the siblings or not) is the executor of your grandmother's estate. It seems that your youngest sibling became the administrator of yoru father's estate. I am not sure what burden of proof you describe. The estate of your grandmother should have been adminstered and her property retitled in your father's estate. From there, your youngest sibling should have adminstered the estate and divided your father's estate into 1/6ths which each of you should have received. If that is not happening, you can file a petition for settlement of accounts with the probate court handling each estate. That will bring things to a close.

Robert W. Hughes, Jr. & Associates, P.C.

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Duncan Hamilton Adams

Reputation Level 8

Answered over 2 years ago. Probate Attorney in Atlanta, GA.

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Greetings:

If you do not get on the ball, the property escheat (go by default) to the state of GA. However, you should talk to a clerk of the county in which your Grandmother and Father passed and file a Petition to Determine Heirs. You can find these forms at the following address:

I would emphatically state that hiring an attonrey woudl be best as this seems to be a "mess" and will only get worse as time goes on.

Neverhteless, to answer your question, a person who is in charge of carry out the wishes of a person who passed with a Will is a Executor (Male) or Executrix (Female). A person who is in charge of carry out the wishes of a person who passed without a Will is called the Adminstrator (Male) or Administer (female). The differences in the duty of the above are the same. Nevertheless, a person having a Will leaves property in her of his discretion. A person without a Will looks to the State of domicile, to determine the "Heirs at Law"

Thank you for the opportunity to give you some insight.

Duncan H. Adams, Esq.

1-877-412-3267 (toll free)
(404) 467-8611 (Atlanta, GA, Buckhead Office)

THE ADAMS LAW OFFICES, LLC

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