It’s been years and the executor has not opened the estate. What can I do?

What happens when an executor does not probate a will for several years, won’t allow family members to see the will, or tell anyone about the value of the estate?


Under Georgia law, any person in possession of an original will of a deceased person has an obligation to deliver the will to the appropriate probate court. Probate law does not require the person to probate the will, but only to give it to the court.

The person named in the will as executor is not the only person who may be qualified to administer and manage an estate. In fact, the person named in the will is only first in line to do so. If that person declines to serve or will not serve, then anyone may file a request with the probate court to be appointed to manage the estate.

Since it has been several years and nothing has been done in this estate, the best option may be to request that the probate court appoint someone to represent the estate, and to ask the court to force the person holding the original will to bring it to the probate court.  That will unclog the situation and get the estate moving in the right direction

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Disclaimer: The information above is provided for general information only and should not be considered legal advice. Legal advice is specifically tailored to your particular situation. Please contact our office to receive specific information advice about your situation.

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