In Georgia, the personal representative, (known in other states as the "executor/executrix" or "administrator/administratrix") is the person or entity appointed by the probate judge to administer decedent's estate. As such, the personal representative is a fiduciary of the estate and has a number of duties to perform. The personal representative is responsible for gathering all of  the decedent's assets, paying creditors, and distributing the property amongst the heirs/beneficiaries.

Before you can serve as a personal representative in Georgia, you first have to meet Georgia's statutory requirements. Any individual who is sui juris (over 18), regardless of citizenship or residency, is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled in this state, subject to the requirements for qualification set forth in this chapter, , provided the person is otherwise qualified to act as a fiduciary in this state.

Because the personal representative has a number of duties to perform and can be personally liable for failing to perform those duties, anyone serving as a personal representative should hire a probate attorney to assist in the administration of the decedent's estate.

An experienced probate attorney will tell you that avoiding probate is almost always desirable.

Probate is a time-consuming and expensive process. Among other things, it requires giving notice to creditors , petitioning the court, locating beneficiaries and assets, distributing all assets, accounting to the beneficiaries, providing a final accounting to the court, paying taxes, and much more.

A revocable trust, on the other hand, is a flexible estate planning tool that can avoid probate. It is a legal document that allows you to determine how your assets will be handled during your lifetime and after your death or incapacitation. A revocable trust can be modified or terminated at any time during your lifetime. At your death, assets properly transferred to the trust will be distributed by the trustee or substitute trustee to your beneficiaries or heirs after paying all claims and taxes —without having to go through the probate process.

A Georgia probate attorney can help you determine whether a revocable trust is right for you.

A revocable trust, also commonly referred to as a "living trust" or "trust agreement," is a legal document that explains how your assets should be managed during your lifetime and after your death or if you should become incapacitated.

The person who creates the document (usually you) is known as the "grantor" or "settlor." The trust is "revocable" because it can be modified or terminated at any time during your lifetime —as long as you are not incapacitated.

There are also "irrevocable" trusts, but these are used for very specific purposes. Probate attorneys generally use revocable trusts for traditional estate planning.