QUESTION
If a primary executor dies, does the the duties automatically fall to the backup executor?
Asked on Feb 16th, 2022 on Trusts and Estates - Georgia
More details to this question:
My grandmother passed in 2012. My uncle was named in her will as executor and another uncle was named as backup. The uncle named as executor passed away recently. He had a bank account for my grandmother's estate for some land that was sold. No one else's name is on the account so the backup executor took the Will and the death certificate to try to close out the account but the bank says he will have to go to the court house and get himself named as the new executor. He was told there that he would have to complete Petition for Letters of Administration paperwork and drop it off at the courthouse for review. The paperwork is very confusing for non-attorney people and since my grandmother named him as backup in her will we are wondering why it even has to be done. All we need to do is close the account and draw out the approx $2,000. Is there somewhere we could go to get assistance completing the paperwork or is it even necessary given he is already named in the will as backup?
2 ANSWERS
Probate Litigation Attorney serving Lawrenceville, GA
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It sounds like your uncle was told the right thing. He needs to be appointed executor in order to complete the process. There is no way around this requirement. It is unfortunate you need to complete this process for only $2,000, but your choice is do nothing and forget the money, or take the necessary steps to complete the process.
Answered on Feb 17th, 2022 at 5:50 AM
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Please accept my condolence on the loss of your uncle and your grandmother.
As for your question, yes, a new Executor must apply and get appointed by the probate court in order for anyone to finish handling the estate. Just being named as an Executor by a Will does not automatically make you the Executor- it makes you potentially eligible to become the Executor. The only way to actually become the Executor is for a probate court to appoint you as the Executor and swear you in.
As for whether there is somewhere your uncle who is named as the backup can go to get help with the petition- he can consult a probate attorney. That would be the best option. If the court makes a probate information clinic available (DeKalb and Fulton Counties in metro Atlanta each run something like this with the help of volunteer attorneys), then he might be able to get help that way. But I would really advise him to hire someone. It may well be that, for an estate that has sat open for 10 years, there is more still left to do than he thinks. And if there is, then not doing it could get him in trouble.
Best wishes to you and your family.
Answered on Feb 17th, 2022 at 5:20 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.