When a loved one passes away, their will typically names someone they trust to handle their affairs. That person, called the executor, becomes legally responsible for carrying out the wishes in the will and managing the estate. Read more about Wills and Trusts in our blog, Wills vs. Trusts in Georgia: A Complete Guide for Families in Marietta
While it’s an important role, many people don’t realize how much work and legal detail it involves. Understanding the executor’s duties early on can prevent unnecessary stress, delays, or family tension.
What Is an Executor and What Do They Do?
An executor is the individual named in a will to manage the estate after someone’s death. If the deceased didn’t have a will, the probate court appoints an administrator who performs the same functions.
In Georgia, an executor acts as a fiduciary, meaning they must act in the best interests of the estate and its beneficiaries. Their core responsibilities include filing the will in probate court, managing and protecting assets, paying valid debts and taxes, communicating with heirs, and eventually distributing what remains according to the will.
Because probate is a legal process, every decision and transaction must follow state law. A knowledgeable estate and probate attorney can help ensure the executor fulfills these obligations correctly and avoids costly mistakes.
Key Duties of an Executor in Georgia
Serving as an executor can feel overwhelming, especially when balancing family emotions and legal responsibilities. Working with an experienced estate and probate attorney can make the process smoother by explaining each duty, preparing necessary court filings, and helping you stay compliant with Georgia’s probate laws. Here are the key duties of an executor in Georgia:
Acting in the Best Interests of Beneficiaries
Executors must treat all beneficiaries fairly and follow the directions in the will exactly as written. This means avoiding any conflicts of interest, keeping accurate records, and making decisions that protect the estate’s overall value.
Managing and Protecting Estate Assets
From the time the executor is appointed, they are responsible for safeguarding all estate property. This might involve securing real estate, maintaining insurance coverage, managing investments, and keeping personal property safe. The executor must also inventory all assets and note their approximate value.
Communicating Clearly with Beneficiaries
Beneficiaries have a right to know what’s happening with the estate. Executors should keep them updated about the probate timeline, major developments, and when distributions are expected. Regular updates help reduce misunderstandings and build trust, especially in families where emotions are running high.
Paying Debts and Taxes
Before distributing any inheritance, the executor must make sure all valid debts, final bills, and required taxes are paid. This includes funeral expenses, medical bills, and any outstanding income or property taxes.
Distributing Assets and Closing the Estate
After debts and expenses are resolved, the executor distributes what remains of the estate according to the will. This may involve transferring property titles, dividing financial accounts, or handling personal items. Once all distributions are complete, the executor files a final accounting with the probate court and requests formal closure of the estate.
Can You Decline the Role of Executor?
Not everyone is ready or able to take on the commitment of being an executor. If you’re named as executor but feel uncomfortable serving, you can decline the role before taking any official action. In that case, the court will appoint an alternate executor or administrator.
If you want to honor your loved one’s wishes but feel uncertain about managing everything on your own, working with an estate and probate attorney can ease the burden. The attorney can handle filings, deadlines, and communication with creditors, while you remain involved in key decisions. Read more about when to involve a probate attorney in our blog, Settling a Loved One’s Estate: When to Involve a Probate Attorney
Why It Helps to Work with a Probate Lawyer
Even for smaller estates, Georgia’s probate process involves detailed paperwork and legal deadlines. A probate lawyer can guide you through each step and help you avoid common pitfalls.
An attorney can:
- Explain Georgia probate timelines and requirements
- Help you file the will correctly and obtain your Letters Testamentary
- Prepare necessary inventories, notices, and final reports
- Resolve disputes or unclear instructions in the will
- Ensure that taxes, debts, and distributions are properly documented
Read more on why it’s important to hire a probate attorney in our blog, What Happens If You Don’t Hire a Probate Attorney in Georgia?
Common Mistakes Executors Should Avoid
Even the most well-intentioned executors can run into trouble without clear guidance. Here are a few errors to watch out for:
- Distributing assets too soon. Assets should never be handed out before debts and taxes are paid.
- Failing to keep records. Every payment, sale, and distribution should be documented.
- Favoring one beneficiary. Unequal treatment can lead to disputes or even legal action.
- Missing deadlines. Georgia’s probate process has specific filing and notice requirements.
- Trying to manage everything alone. Professional help often saves time and prevents costly errors.
Get Help As An Executor Today
If you’ve been named as executor or if your loved one is planning and you want to understand what comes next, request a consultation with Steele Law Firm today. We’ll guide you through every step of Georgia’s probate process and help you protect your family’s peace of mind.
References: SmartAsset (Aug. 2, 2025) “An Executor’s Responsibilities to Beneficiaries.” and MSN (April 14, 2025) “Executor’s Checklist: 11 Essential Steps to Smoothly Settle an Estate.” and Georgia Code § 53-7-1 – General Powers and Duties of Personal Representative.