A Temporary Administrator is a special kind of administrator that can be appointed over an Estate.
What does a Temporary Administrator do and why would you want one?
These are important questions, and we are going to answer them in this article.
My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group.
At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored.
What Is A Temporary Administrator?
A Temporary Administrator is a special type of administrator that can be appointed to manage an estate.
The name can be a bit deceiving, though, because there is no time limit for how long a Temporary Administrator can serve.
Instead, he or she serves until a Permanent Administrator or an Executor is appointed over the Estate.
A Temporary Administrator is often appointed in emergency situations where quick action is required.
For example, when a foreclosure is imminent the bank often will not speak with anyone until the Estate is opened. But, because the foreclosure process is already too far along, there may not be enough time to get a Permanent Administrator or Executor appointed.
Since a petition to appoint a Temporary Administrator is usually seen by the court as an emergency petition, it can usually be done quickly.
Temporary Administrators Drawbacks
Temporary Administrators do have their drawbacks, however.
First, he or she has extremely limited authority and can only take action to protect and preserve estate assets, and nothing else.
If the Temporary Administrator needs to take other actions (like paying the mortgage company from our example above) then you must specifically request that power and the Probate Court must authorize it.
In addition, he or she is required to serve with a bond and is required to submit an inventory and annual returns – these requirements cannot be waived.
Next Steps
Everything discussed in this article is for general information and is not legal advice.
If you are in a situation where you’re trying to settle an estate, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.
If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook, written by probate lawyers, so you know how the estate is supposed to be handled.
Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.
