Choosing the right executor for your will is one of the most important decisions in your estate plan. But life changes—and so should your documents when your choice no longer fits.
Whether someone moved, passed away, or you’ve simply changed your mind, Georgia law allows you to update your executor. Here’s how to do it properly—and why it matters.
What Is an Executor?
An executor is the person you name in your will to manage your estate after your death. Their responsibilities include:
- Filing the will with probate court
- Notifying heirs and creditors
- Paying debts and taxes
- Distributing assets according to your wishes
Choosing someone trustworthy, organized, and capable of handling paperwork is key.
👉 Read more: What Can a Co-Executor on a Will Do?
Reasons to Change Your Executor
You might want to revise your executor if:
- They’ve passed away or become incapacitated
- They moved out of state or are no longer local
- You’ve had a falling out or lost trust
- They’re no longer willing or able to serve
- Your estate or family circumstances have changed
Your choice of executor should reflect your current situation—not your circumstances from 10 years ago.
How to Change Your Executor in Georgia
1. Review Your Existing Will
Read the current language that names your executor (and any alternates). Some wills include backup executors—others don’t.
2. Decide How to Make the Change
There are two main options:
🔹 A Codicil (Amendment)
If your will is otherwise solid and you only need to update the executor, you can draft a codicil. This is a legal amendment that modifies part of your existing will—without replacing the entire document.
- Must be in writing
- Must follow the same execution rules as a will (signed, two witnesses)
- Should be stored with the original will
🔹 A New Will
If your estate plan needs multiple changes, or your existing will is outdated, it may be easier and cleaner to draft a new will that revokes the old one.
👉 Need to update more than your executor? Here’s how to write a Georgia will
Can I Change My Executor Without a Lawyer?
In Georgia, you’re not legally required to use an attorney to change your executor—but it’s highly recommended. Small errors in witnessing or wording can invalidate the change or create confusion after your death.
👉 Explore: Can I Change My Will Without an Attorney in Georgia?
What Happens If I Don’t Update My Executor?
If your chosen executor can’t serve and you haven’t named an alternate, or your documents are unclear, Georgia probate court will appoint someone—typically:
- A spouse or adult child
- A primary beneficiary
- Another willing family member or third party
You lose control, and the process may take longer or lead to conflict.
Final Thoughts
Your executor plays a vital role in carrying out your wishes. If circumstances change, so should your estate plan. Updating your executor is a straightforward process—but it must be done correctly to avoid issues down the road.
At Hurban Law, LLC, we help Georgia residents make confident updates to their estate plans—from replacing executors to rewriting outdated wills.
Contact us today to make sure your plan still reflects your intentions.