Losing a loved one is one of life’s most difficult experiences, particularly when the loved one leaves without a Will. Without a Will, family members may be uncertain about how the decedent would want his affairs managed. More than one family member may believe they are best suited to administer the estate and control the decedent’s assets.
The litigators at Gaslowitz Frankel LLC are the leading estate and trust attorneys for the state of Georgia, having helped hundreds of families through difficult estate situations. Without a will, there are many open-ended questions about the management of an estate. A litigation attorney is the ideal partner to guide you through the intestate probate process.
If you are looking to petition the court to become an administrator of an estate, read below for the important considerations.
What is an Administrator of an Estate?
An administrator of an estate is a type of fiduciary. A fiduciary is a legal term that describes someone who manages matters on behalf of another. An administrator manages the estates of people who died without a Will. This involves communicating with the beneficiaries and other interested parties, managing the estate as it goes through probate, managing inventory and accounting on the estate, distributing the assets, as well as other tasks.
An administrator has similar responsibilities to an executor. The difference between an executor and administrator is largely linguistic: the word “administrator” typically refers to a fiduciary of an estate who was appointed after the decedent died intestate (without a Will) whereas the word “executor” typically refers to a fiduciary of an estate who was nominated in the Will by the decedent.
Getting Appointed as Administrator of Your Loved One’s Estate
Any heir or interested party may file the petition to become the administrator of an estate. In Georgia, that means filing a Petition for Letters of Administration with the county court and paying the initial filing fee. This document asks you to provide information about you as the filer and for information about the heirs. Reference a “Rules of Inheritance” law to determine who the heirs are. In this document, you must also provide the court with the reasons why you should be appointed the administrator of the estate.
Once the petition is filed, it is given a case number. The court may contact you seeking additional information or to clear deficiencies, and then a court hearing date is set. In some cases, family members and heirs may unanimously agree that you should be the administrator of the estate. If you have obtained the consent of the majority of the decedent’s heirs, a court is more likely to grant your petition than it would be if the majority of heirs oppose your appointment.
If any of the heirs oppose your appointment as administrator, it falls to the court to decide whom to appoint. The Court appoints the person it believes is in the estate’s best interest. If the Court does not have confidence in any of the applicants, it may appoint a neutral third party, usually the County administrator, to administer the estate.
How an Estate Litigator Can Lend a Hand
In cases where all the heirs do not agree on an administrator, or where they believe that the current administrator is not adequately fulfilling their fiduciary duties, an estate litigator can help the heirs evaluate their legal options and make informed decisions about next steps.
Our team has both the empathy and expertise needed to help you understand the unique circumstances and challenges you face so you can make the best decisions for your future. The attorneys at Gaslowitz Frankel LLC are well-versed in addressing your concerns throughout the legal proceedings involved in becoming an administrator of an estate. At Gaslowitz Frankel LLC, we are dedicated and empowered to provide you with the outcome you desire.
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