Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.
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.
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 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.
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.
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