Q: What is the legal requirements of an Estate Administrator and what law is violated if not followed?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.