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 can you do when you think the wrong person is asking to become the Administrator of the Estate?
Do you need to do something now? Or, can you wait?
These are important questions, and we will address them 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 and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored. For specific information about your situation, please click here to request a complimentary consultation.
When the deceased did not leave a Will, an Administrator must be appointed to open the Estate. Typically, the person asking to be the Administrator will file a petition with the probate court. All heirs of the Estate are required to be notified of the petition and are given a time period to object.
If you believe the person being nominated as Administrator would not be good for the Estate, then it is important that you file a legal objection. If an objection is not filed, then the court may proceed forward and grant the petition, which will allow the person to become Administrator.
When considering a legal objection, though, you must have legal grounds. Two of the most common grounds for objecting to someone becoming Administrator are fitness and priority.
When an objection is made that the nominated Administrator is unfit, the court will be looking for you to submit evidence showing why the person is unfit. There are a number of different reasons why a person may be unfit under Georgia law.
When objecting based upon priority, the issue is that there may be someone who has a higher priority under Georgia law to serve as Administrator. Georgia law identifies several categories of people and lists their priority for serving as Administrator. That said, it is important to know that law directs the probate judge to use the list as guidance, but does not require that it be followed strictly in every case. So, the judge has discretion to select the person he or she feels will be best for the job.
Everything discussed in this video is for general information and is not legal advice
For more information about this and other probate topics, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia Probate Handbook, written by estate probate lawyers. 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.
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