Short answer
If the person your parent named as executor refuses or renounces the job, you can ask the Georgia probate court to appoint you as the personal representative (often called an executor or administrator with will annexed). The court will follow Georgia probate rules and appoint a qualified person in priority order. You will generally need to file the will, a death certificate, and a petition with the probate court in the county where your parent lived; obtain any written renunciation from the first-named executor if possible; and ask the judge to issue letters testamentary or letters of administration with the will annexed. See Title 53 (Estates) of the Official Code of Georgia Annotated for the statutory framework: https://www.legis.ga.gov/ (search Title 53).
Detailed answer — how appointment works in Georgia and the steps to take
Below is a practical, step-by-step explanation you can use even if you start with no legal knowledge. This explains what typically happens in Georgia when a nominated executor refuses to serve and how you can be appointed instead.
1. Understand the legal role and terminology
- “Executor” or “executrix” usually refers to the person named in the will to administer the estate.
- If the named person won’t serve, the court appoints a personal representative. When the court appoints someone despite an available will, the appointment is often called “administrator with will annexed.”
- Georgia’s probate law is in the Official Code of Georgia (Title 53). The probate court in the decedent’s county enforces those rules: https://www.legis.ga.gov/ (search Title 53).
2. Priority for appointment
Georgia courts prefer to give letters to the person named in the will. If that person renounces or cannot serve, the court will look next to any alternate named in the will. If the will does not name an alternate or the alternate also cannot serve, the court may appoint another qualified person — commonly a spouse, an adult child, or another beneficiary. If no beneficiaries are willing or able, the court can appoint any suitable person. The judge has discretion to choose the best candidate under the circumstances.
3. What to file at the probate court
- Original will (or a certified copy) and the death certificate.
- A petition for probate/appointment. You will ask the court to admit the will to probate and to appoint you as the personal representative (or as administrator with the will annexed) because the named executor refuses to serve.
- Any written renunciation or declination from the named executor. If the named executor signs a renunciation, that makes the process smoother.
- Your affidavit or statement that you are willing and able to serve (sometimes called a consent to serve or oath).
- Bond paperwork, if the court requires a fiduciary bond for the appointee (courts can waive or require bond depending on the will’s language and estate size).
- Filing fee for the probate petition (varies by county).
4. If the named executor refuses but won’t put it in writing
If the named executor verbally declines and will not sign a renunciation, tell the probate clerk. The court can proceed after notice and a hearing. The judge may accept testimony or evidence that the nominee refuses to serve and then appoint another suitable person.
5. Possible court hearing and notice
The probate court may schedule a hearing. The court usually requires notice to interested persons (heirs and beneficiaries) so they know someone seeks appointment. If nobody objects, judges often appoint the requested person if they meet statutory qualifications.
6. Bond and qualifications
The court can require a bond to protect creditors and beneficiaries. A will can waive or limit bond, but the judge still has authority to require one in certain cases. The appointee must be an adult of sound mind and otherwise legally qualified to act under Georgia law.
7. If someone objects or there is a dispute
If an interested person objects to your appointment (for example, they believe you are unfit or prefer someone else), the court will hold a contested hearing. Evidence and testimony decide who the court finds suitable. At that point many people hire a probate attorney to represent them in court.
8. Practical timeline
Simple, uncontested appointments often take a few weeks to a couple of months depending on court schedules and whether a renunciation is filed. Contested matters can take longer.
9. After appointment
- You will receive letters testamentary or letters of administration showing your authority to act for the estate.
- As personal representative you must collect assets, pay debts and taxes, inventory the estate, and distribute property under the will. You must also follow reporting duties required by the probate court.
For general information about probate courts in Georgia, visit the Georgia Courts site: https://www.georgiacourts.gov/
Helpful hints
- Get a written renunciation from the named executor if you can — it speeds the process and reduces disputes.
- Call the probate court clerk in the county where your parent lived. Clerks can explain local filing forms, fees, and bond requirements. Many counties post probate forms online.
- Bring the original will and multiple certified copies of the death certificate to the probate office.
- Prepare a short timeline and list of estate assets before filing. That helps you complete forms and estimate whether a bond will be needed.
- If beneficiaries are likely to object, consider contacting a probate lawyer early. Contested appointments can become complex quickly.
- Keep good records and communicate with beneficiaries. Transparency reduces the chance of disputes once you serve.
- Look up Georgia probate law (Title 53) at the Georgia General Assembly site: https://www.legis.ga.gov/ (search Title 53 for statutes on wills, probate, and fiduciaries).
When to get a lawyer
Consider hiring a probate attorney if: someone contests the appointment; the estate is large or has complex assets; there are likely creditor claims or tax issues; or you are unsure about bond, inventory, or distribution duties. Many attorneys offer an initial consultation to explain the process and likely costs.
Where to find forms and local rules
Probate forms and filing requirements vary by county. Check the county probate court website or call the clerk. For statewide statutory text, search the Official Code of Georgia (Title 53) at the Georgia General Assembly website: https://www.legis.ga.gov/
Disclaimer
This article explains general Georgia probate procedures and is for educational purposes only. It is not legal advice. For advice about your specific situation, consult a licensed Georgia probate attorney.