What should I do if the executor of a will is incompetent?

Full question:

My uncle died on May 9, 2009. I was told by him several years prior to his death that he did not have a will. Acting on the assumption that he had died intestate, I was appointed by the probate judge of Fulton Couny, Georgia to be the administrator of his estate. Subsequently, I discovered that he did, in fact, have a will which was prepared an properly witnessed and notarized in 1983. My question is what do I have to do now. The only difference in this situation is the appointment of the executor of his will. The executor named in the will is his wife who is the sole beneficiary. She is 91 and is incompetent to handle her duties as executrix, in my opinion Can you tell me the course of action that I should take in this situation.

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Georgia

Answer:

If the named executor is unable to serve, you can petition the court to appoint a representative. According to Georgia law, if the nominated executor does not qualify within ninety days after the will is admitted to probate, or if they are incapacitated or renounce their right to serve, the next nominated executor may qualify. If no executor qualifies, the estate will be deemed unrepresented (Ga. Code Ann. § 53-6-11).

If the executor named in the will is incapacitated, you can petition for letters of administration with the will annexed. This petition must include the names and addresses of beneficiaries capable of expressing a choice and the reasons for needing an administrator (Ga. Code Ann. § 53-6-15).

In summary, you should file a petition with the probate court to appoint an administrator with the will annexed, since the named executor is unable to fulfill their duties.