Clearwater, FL asked in Estate Planning for Georgia

Q: What is the legal requirements of an Estate Administrator and what law is violated if not followed?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Georgia

A: Is this a law school exam question? You post no relevant details here. Laws governing the probate and administration of estates of residents dying in Georgia are governed by the Georgia probate laws. In a nutshell, the person named in the will as the personal representative or executor has a duty to file the will with the probate court and oversee the orderly transfer of assets and payment of debts for the dead person if there are probate assets. If there are, then the personal representative files a probate petition. Once appointed by the court, the personal representative's job is to figure out what the decedent owned and owed, notify any creditors, pay any just debts and then distribute what is left to the heirs/beneficiaries.

If the personal representative fails to do his her job by notifying creditors, paying claims, disposing of assets improperly, failing to file an inventory or accounting (if required), then the personal representative can be removed by the clerk or upon petition of one of the beneficiaries or some other interested party. I suggest that if you are dealing with a Georgia estate, then go to the courthouse where the estate is or would be probated and see if there is an estate file. If there is, then make a copy of it and see a probate lawyer who practices in that county. Pay the lawyer to review the file and see if the personal representative can be removed from office.

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