Asked in Family Law and Probate for Georgia

Q: My husband list his life in a police shootout. The police department said that I must show that I'm executor of estate

How do I or do I legally have to have executor of estate being his spouse and having his grown children verify

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1 Lawyer Answer
Seth Meyerson
Seth Meyerson
  • Probate Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: If he did not have a will, then Georgia law provides a specific order of priority for who can serve as the administrator of the estate. Typically, the surviving spouse has the first right to serve as the administrator, followed by any adult children.

To begin the process of being appointed as the executor or administrator of your husband's estate in Georgia, you will need to file a petition with the probate court in the county where your husband resided at the time of his death. The petition should include a copy of your husband's death certificate and a copy of his will, if he had one. You will also need to pay a filing fee.

Once the petition is filed, the court will schedule a hearing to determine whether you are qualified to serve as the executor or administrator. At the hearing, you may need to provide evidence of your relationship to your husband and your ability to manage his affairs.

If the court approves your appointment as executor or administrator, you will be issued letters testamentary or letters of administration. These documents will allow you to act on behalf of your husband's estate, including managing his assets, paying his debts, and distributing his property according to his wishes or Georgia law.

It's important to note that the probate process in Georgia can be complex, and it's a good idea to seek the assistance of an attorney who specializes in probate law to help guide you through the process.

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