Last Updated on October 13, 2025
Picture sitting at a dining room table covered in papers. A will or maybe just some bank records. Maybe nothing at all. The house is quiet now, but the legal noise is just beginning. Who takes charge of the estate? Who deals with the house, the accounts, the debts? And why are you suddenly hearing the phrase executor vs administrator like it’s something you should’ve known already?
When someone dies in Georgia, a court must authorize someone to settle their affairs. If a will exists, it usually names an executor. But when there’s no will or no one left to serve, the court appoints an administrator. Same goal. Different paths.
According to a 2024 survey, only about 32% of adults have a will in place. That means many Georgia families end up with court-appointed administrators, not named executors who were selected and named by the deceased person in their will. Knowing how each role works can help you feel more grounded and prepared, especially when emotions are high.
This article breaks down what each role involves, how it affects the probate process, and how Chandler Law supports Georgia families during this process.
Understand the Georgia Probate Process
Probate is the legal process for transferring someone’s assets after death. It starts in the Probate Court in the Georgia county where the person lived.
The court’s job is to confirm whether there’s a valid will, authorize the right person to manage the estate, ensure debts are paid, and oversee the distribution of what remains.
In Georgia, probate can be formal or simplified. A full probate is required if there’s real estate, disputes, or significant assets. Simplified probate may be possible in smaller estates or where all heirs agree. No matter the type, the person in charge will either be an executor or an administrator, depending on the situation.
Executor vs Administrator: Why It Matters
On paper, the difference between an executor and an administrator looks small. In real life, it can change everything, from who’s in charge to how fast the estate moves.
- How fast does probate move
- Whether the court oversees every step
- Who pays for the bond and legal support
- How disputes get handled
- The emotional stress for the person serving
If you’re considering stepping into either role, talk with a local Georgia probate lawyer before making decisions. Now let’s take a deeper look at the main differences of an executor vs administrator of an estate.
Executor vs Administrator: Two Roles, One Job
Executor: When a Will Names Someone
If there’s a valid will, it usually names an executor, someone the deceased trusted to carry out their wishes. Once the will is filed and the court reviews it, that person receives “Letters Testamentary,” which gives them legal authority to act.
Executors handle tasks like:
- Filing the will and opening probate
- Inventorying assets
- Paying final bills and taxes
- Distributing assets to heirs named in the will
Georgia law (O.C.G.A. § 53-6-20) supports executors acting with less court supervision if the Will says so. Bond (a type of insurance) is often waived, and many actions, like selling property, can be done without needing additional court approval.
Administrator: When There’s No Will
When someone dies without a will, they’re considered to have died “intestate.” In that case, the court must appoint an administrator to manage the estate. Administrators receive “Letters of Administration” once the court confirms their appointment. They handle many of the same tasks as executors, but with more court involvement.
Georgia law (O.C.G.A. § 53-6-1) requires administrators to post bond unless all heirs agree in writing to waive it. They may need court permission before selling property or distributing assets, especially if disputes arise among heirs.
How the Court Decides Who Serves
Priority of Appointment in Georgia
If there’s no will, the court follows a set order of priority for appointing an administrator :
- Surviving spouse
- Adult children
- Other heirs
- Creditors or public administrators (if no one else steps forward)
If multiple people have equal priority, like several siblings, they can agree to let one serve. If they don’t agree, the court may appoint co-administrators or someone neutral.
When Executors Decline or Can’t Serve
Even with a will, sometimes the named executor has died, moved, or no longer wants the responsibility. In that case, the court may appoint an alternate named in the will, or move to appoint an administrator with will annexed (O.C.G.A. § 53-6-15). The duties remain similar, but court oversight increases.
Know the Duties and Responsibilities
Whether you’re an executor or administrator, Georgia law treats you as a fiduciary. That means you’re legally responsible for managing the estate honestly, fairly, and in the best interest of the beneficiaries.
Core duties include:
- Filing the petition for probate
- Creating an inventory of assets
- Notifying heirs and creditors
- Paying taxes, bills, and debts
- Distributing assets according to the Will or Georgia intestacy law
- Filing a final accounting (if required)
Executors usually have more flexibility if the will allows it. Administrators often require court approval for major steps, especially if heirs are contesting decisions.
The Timeline and Costs of Probate
How Long Does Georgia Probate Take?
In some cases, probate may be completed in 6 to 12 months, depending upon the county of the probate action. That assumes there’s a will, no disputes, and all paperwork is filed on time. In more complex cases, especially those involving administrators, real estate, or conflict, probate can stretch over 18 months or longer.
The biggest delays typically happen when:
- Heirs can’t agree on who should serve
- Creditors file unexpected claims
- Real estate needs to be sold
- The estate lacks clear documentation
Executors with broad powers under the will can typically move faster. Administrators, on the other hand, are bound by court schedules and approvals, making the process more drawn out.
Costs to Consider
Georgia probate costs may include:
- Filing fees (varies by county)
- Executor or administrator fees (allowed under O.C.G.A. § 53-6-60)
- Attorney fees
- Bond premiums (for administrators, unless waived)
- Appraisal or real estate sale costs
- Taxes and creditor payments
Planning ahead or getting guidance from a Georgia estate planning attorney early can reduce costs and avoid missteps that delay the probate process.
When Multiple People Want to Serve
It’s not unusual for families to face disagreements about who should serve as executor or administrator. Siblings may distrust one another. An adult child may feel overlooked. Sometimes the person named in the will has not spoken to the deceased in years.
When there’s a will, the court will usually honor the named executor unless there’s a clear reason not to. When there’s no will, courts prefer someone all heirs agree on.
If no agreement can be reached, the court may appoint co-representatives or even select a third party entirely.
Open communication and transparency go a long way. Even simple updates (“I’ve opened the estate account,” “I’m working with an appraiser”) can build trust and prevent disputes.
Georgia Alternatives to Full Probate
Can You Avoid Probate in Georgia?
In some cases, yes, but only if your situation fits Georgia’s strict requirements. While most estates go through probate, the state offers a few legal shortcuts. These don’t eliminate court involvement, but they can make the process faster, simpler, and less expensive when used correctly.
When No Formal Administration Is Needed
If there’s no valid will, no debt (or all creditors agree), and every legal heir is on the same page, Georgia allows you to file a Petition for Order Declaring No Administration Necessary.It’s a simplified version of probate, which may not require an executor or an estate administration, but it still goes through the probate court.
You’ll need to submit notarized agreements from all heirs, prove there are no unresolved debts, and list all estate assets and potential creditors.
If approved, the court orders the direct transfer of assets without appointing a personal representative. It’s not for every estate, but when the conditions are right, this option can significantly reduce paperwork and legal fees.
Years’ Support for Spouses and Minor Children
Georgia law gives surviving spouses and minor children a unique way to claim estate property, even before debts are paid or the Will is followed. It’s called a Year’s Support Petition, and it allows the court to set aside estate assets to support the family for 12 months.
In practice, it’s often used to claim the entire estate, especially when the estate is small or when shielding property from creditors is a priority.
This petition must be filed within two years of the decedent’s death and requires proper notice to creditors and heirs. If no one objects, the court typically approves it as requested. If there are objections, a hearing may be scheduled.
Limited Affidavits for Small Accounts
Georgia doesn’t have a statewide Small Estate Affidavit that bypasses probate entirely. But in some limited cases, banks or financial institutions may agree to release funds, typically under $15,000, based on a signed affidavit from the next of kin.
This is not a guaranteed option. It’s handled on a case-by-case basis and is completely up to the institution. Some will require probate regardless of the amount. This route may work for very small, uncomplicated estates, but it’s not a reliable solution if real estate or larger assets are involved.
Turning a Legal Role Into a Thoughtful Legacy
Being named as executor or appointed as administrator is an act of trust, but it can feel heavy. You’re tasked with not just handling paperwork, but also closing a chapter of someone’s life. It’s emotional, tedious, and sometimes thankless.
Still, when done right, it becomes a quiet gift to the people left behind.
Probate is rarely easy. But clarity helps. So does knowing what to expect and who you can lean on. Whether you’re named in a will or facing a court appointment, you don’t have to guess your way through it.
How Chandler Law Helps
At Chandler Law, we work with families in our hometown of Alpharetta and the surrounding Fulton County areas. Whether you’ve just found a will, been asked to serve, or feel unsure about what happens next. We clarify your legal options, help avoid delays, and walk with you through each probate step.
We’ve handled estates with wills, estates without them, and everything in between. You don’t need to have all the answers right now, but we can help you find them.
If you’ve been asking yourself, “Am I supposed to be the executor? Or is this going to court?” We’re here to guide you with calm, experienced support. Reach out to our team today.
