SPEAK WITH A TEAM MEMBER (770) 920-6030

Download the Georgia Probate Handbook.

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

    What is a Guardian ad Litem in Probate?

    By
    logos-image logos-image logos-image

    What is a Guardian ad Litem in probate?  Should you be concerned if the Probate Court requires one in your case?  In this post, we will go over this often misunderstood topic.

    Guardian ad litem

    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. Everything discussed in this post is for general information and is not legal advice – for specific information about your situation, please go here to request a complimentary consultation.

    Guardian ad litemA guardian ad litem is usually an attorney appointed by the court in certain circumstances.  It is important to note that while the guardian ad litem is usually an attorney, he or she is not acting in their capacity as an attorney while serving as guardian ad litem.  Instead, he or she is acting on behalf of the court.

    When will a guardian ad litem be appointed?

    The most common situations when a guardian ad litem will be appointed are:
    1. When there are minor heirs of an estate
    2. When there is an incapacitated adult heir of an estate
    3. When there are unknown heirs of an estate
    4. Whenever the court determines that a guardian ad litem would be prudent

    The role of the guardian ad litem is to review the petition and other filings, investigate the situation, and determine what is in the best interest of their ward. He or she will then file a report with the probate court informing the court of the results of their investigation along with the guardian ad litem’s recommendation.  While his or her report is merely a recommendation to the court, it is very uncommon for a court not to follow the recommendation.

    Related Topic:  What are Letters Testamentary?

    As a result, the guardian ad litem is a very important position in an estate where one is appointed.

    Guardian ad litemNext Step

    For more information about this and other probate law topics, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia Probate Handbook.  You’ll learn the key things that go wrong in an estate, how to prevent them, and what to do if they happen.

    You also can reach out to our office at (770) 796-4582 to set up a consultation.

     

    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.

    MORE FROM OUR BLOG

    What is ancillary probate?  How do you know if it applies to your situation?  We will answer those questions and more in this post. 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 a...

    What can you do when a family member begins to take control of an estate?  There are several options, and we will review some important ones in this post. 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 ...

    What are the inheritance rights of spouses in Georgia?  Does the surviving spouse automatically inherit everything?  For that matter, does the surviving spouse even need to open probate?  We will answer those questions and more in this post. My name is Erik Broel & I am the founder & C...

    © 2022 Georgia Probate Law Group by Broel Law, LLC. All rights reserved.