Did you lose a loved one who either did not appoint an executor or did not have a will? If your loved one owned assets that require probate, an administrator must be appointed to take charge of those assets.
First, it is important to understand the difference between an executor and an administrator. An executor is nominated within the will, but when someone passes away without a will, or if the nominated executor declines or is unable to serve, an administrator is appointed by the probate court.
Who Is Appointed the Administrator of an Estate?
Georgia law allows a decedent’s heirs to unanimously select the person who will administer the estate (unless the sole heir is the decedent’s spouse and a petition for divorce or separate maintenance was pending at the time of the decedent’s death). If the heirs are unable to agree on an administrator, the probate court will appoint the administrator it believes will best serve the interests of the estate. If the probate court selects the administrator, it is required to consider the following preferences:
The surviving spouse has first preference (unless an action for divorce or separate maintenance was pending at the time of the decedent’s death);
One or more other heirs or a person selected by the majority of the heirs has the next preference;
The next preferences are for any other eligible person or one of the decedent’s creditors; and
Finally, if the court believes it is in the best interest of the estate, the court can appoint a county administrator (usually a local attorney).
What if The Wrong Person Was Appointed
If, after being appointed by the probate court, an administrator does a poor job of handling the estate, the heirs or other interested parties (such as the decedent’s creditors) can petition the probate court to remove the administrator and appoint someone else. If there has been any malfeasance by the administrator, the probate court can order that they reimburse the estate for its losses and/or that the administrator forfeits the fees they would otherwise be entitled to for administering the estate.
Are you concerned about your loved one’s will being handled by the wrong executor or administrator?
The attorneys of Gaslowitz Frankel have over 25 years of experience in handling will and trust disputes in Georgia.
Contact our experienced attorneys to schedule a consultation today.
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes representing individuals, executors, trustees, investors, shareholders, and corporate fiduciaries in complex fiduciary disputes involving wills, estates, trusts, guardianships, businesses, and securities law.
