I'm executor and have sent final check to sibling whom is now asking for final accounting of estate. I talked to court house and have been told there is not an official form for this, just something I need to type up. I'm in Georgia. I need some guidance on this. Thank you
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You never should have begun a probate with counsel, and disbursing without counsel can be a catastrophic mistake. See a lawyer NOW. This is not a question of forms; this is a question of protecting you from potential liability.
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You are in GA but where is the estate pending? In GA? An executor should never make a final disbursement to any beneficiary prior to getting final approval by the court. That is not the way things are handled. If all bills have been paid and the estate is ready for closure, the executor sends a release to the beneficiary and indicates that payment will be made once the estate is closed out. The executor needs the release because that will be part of the final accounting..
The final accounting for the court showis the property that was in the estate and any disbursements; releases and receipts are attached. The clerk or court goes over the final accounting and if all is in order gives the stamp of approval. Then the final checks are sent out. If a beneficiary will not sign a release (it includes a statement about the accounting and not objecting to it) then the executor files the proposed accounting and sends to the beneficiaries They can object or not. The court or clerk will then hold a hearing on the accounting and any objections and rule.
I would have to agree with Attorney Ashman - either way, you need a probate lawyer. I would contact a probate lawyer who practices in the county/state where the estate is pending because state laws differ and county practice can vary. You want someone familiar with the practice and procedure for the county where the estate is pending. If nothing else, I would pay for a consult with a probate attorney.
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