Answers to Common Questions and Situations

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I just received a petition for discharge of personal representative. Should I be concerned?

A petition for discharge of personal representative is something to take very seriously.

This petition asks the court to release the personal representative of his or her duties to the estate. As a result, it can have serious consequences. 

Most importantly, the personal representative may request to be relieved of any and all liability for actions taken (or failures to take actions) while the estate was open.  If the court allows the release of liability, then the heirs, beneficiaries, and creditors cannot pursue the personal representative for any mistakes, breaches of duty, or other bad acts. It is as if all is forgotten and forgiven. There are a couple of exceptions to this rule, but they are very hard to prove and it is an uphill battle.

As a result, if you think that the personal representative (executor or administrator) may have done anything that harmed the estate, it is important that you do not let the petition for discharge slip by unchallenged. If you do, then you will very likely lose the chance to pursue the executor or administrator later.

Making an objection to this type of petition is complicated. I recommend that you hire a Georgia probate attorney familiar with these kinds of matters to assist you.

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.

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    About the author

    Erik J. Broel
    Founder & ceo

    Erik founded the firm in 2009. He sees it as his personal mission to demystify the process of handling an estate or trust, and to help people by making the complex estate process simple and accessible. He believes there is always a better way to do things, and loves finding new and innovative ways to deliver better, more effective service that solves the client’s key problem or issue, and improves the client’s life.

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