We have divided everything including the sale of the parent's house, gone through the closing and divided the proceeds from that. Does this finish, or do we need to do something with the will which is in probate ofc....?
If it is a Georgia estate, you are not legally required to formally close the estate. If you decide not to, then as a courtesy the Executor should at least send the probate court a letter stating that he or she has completed the estate administration, but does not intend to file any Petition for Discharge. That does not close the estate, which can make it easier to deal with unknown assets that might show up, but does not protect the Executor against claims regarding the estate.
If there are unpaid creditors, or if the Executor was required to post a bond or file inventories and reports with the probate court, then the Executor should consider filing a Petition for Discharge. In that filing, the Executor should also request discharge from future liability with regard to the estate. That formally closes the estate once the Petition has been granted, and can help protect the Executor.
I cannot advise anyone through this kind of forum as to whether filing or not filing a Petition for Discharge is a good idea, because I have to know all of the relevant underlying facts. If the Executor needs help determining whether to file or not, he or she should consult a good probate attorney who can then take a look at everything and help the Executor consider the options and risks.
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