Administering the estate of a loved one can be a daunting and time-consuming task. Additionally, acting as Executor of an estate subjects the individual serving to various duties and liabilities. If you have been named as the executor in a last will and testament you are not automatically required to serve or even probate the estate. However, it is important to note that if you are in possession of the Last Will and Testament, you are required to file the will with the probate court of proper jurisdiction. (See, O.C.G.A. §53-5-5 – “A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction.”) If the Last Will and Testament is offered for probate (either in solemn form or common form) and you are the named Executor, you may file a renunciation of your right to serve as the Executor. The renunciation must be in writing, state your intent to renounce your right to serve, and be notarized. To learn more about the probate process and your rights as the named Executor, please contact O’Dell & O’Neal.