Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.
Who should manage the estate is a common question in probate law. It depends on a number of factors.
First, I’d like to clarify a few terms. There are a few different titles for the person who is in charge of managing an estate. The most common two are an executor and an administrator. Which title is used depends on whether the deceased had a will. The legal powers and legal duties of the person managing the estate can change depending on which title is used, what the will says (if there is one), and the court order appointing the administrator (if there is no will).
So, a person can be an executor if the deceased had a will and the will nominates that person as the executor, or otherwise indicates that that person should manage the estate. That is the only way someone can become an executor. If there is no will, then there cannot be an executor.
If the deceased did not have a will or if the will does not name the person who wants to represent the estate as the executor, then that person can potentially become the administrator of the estate. It is up to the probate court to determine who should be the administrator, and the probate court will look at the situation to determine who will best serve the needs of the estate. Georgia probate law does provide the court some guidance, however, and there is a list of preference in the law. The top candidates are someone selected unanimously by the legal heirs, the surviving spouse, and someone selected by a majority of the legal heirs.
Once selected and approved by the probate court, the executor or administrator will have certain power and authority to manage and administer the estate. The amount of power they have will depend on the Court’s order.
If you would like additional help, please contact our office to we can discuss your particular situation.
Disclaimer: The information above is provided for general information only and should not be considered legal advice. Legal advice is specifically tailored to your particular situation. Please contact our office to receive specific information advice about your situation.
After a loved one passes away, it is not uncommon to want to begin handling their affairs right away. Often, one of the first things the family will want to access the deceased’s bank accounts. Unfortunately, they quickly learn that the bank will not speak with them or give them any information, l...
What happens if it is discovered that the deceased had dementia when the Will was created? Does that mean that the Will is automatically invalid or that the Probate Court will not accept it? We will discuss these questions in this post. My name is Erik Broel & I am the founder & CEO of ...
When can the Estate cover attorney's fees? This is a common question with a somewhat complicated answer. We’ll cover the basics 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 ...
© 2021 Georgia Probate Law Group by Broel Law, LLC. All rights reserved.