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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102584
Experience:  Fully licensed attorney in Texas in private practice.
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Does one coexecutor take precedence over another if one lives

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Does one coexecutor take precedence over another if one lives out of state and the other lived with the decedent?
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice and (2) tthere may be a slight delay between your follow ups and my replies.

I am sorry for your situation. According to Georgia Code Title 53, there is no specific precedence automatically granted to one executor over another if one is in the jurisdiction of probate, and the other is not.

However, if the two are not getting along and have vying opinions, either may file in Court to have the Judge rule on the matter, or in extreme cases either retire one executor's position or at the very least make one's position superior and allow them to have the final say. The matter is on a case by case basis, however, and is up to the Judge. The onus is on one (or both) of the executors to file.

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