In cases where the deceased didn’t leave a valid last will and testament, the probate court may have more oversight into the administration of the estate. To be able to open the estate and launch the probate process, a petition for letters of administration is needed.
For example, an administrator may be required to post a bond and request the court’s permission to take almost any action with an estate, such as selling estate property. An administrator must also file an inventory with the court listing all of the estate’s assets unless the court waives this requirement.
What Is a Petition for Letters of Administration in Georgia?
The petition for letters of administration is the most common petition used when the deceased did not have a will. Use of this petition will result in the probate court appointing an administrator who will settle the estate.
Process
There are several ways to select an administrator. It is common, however, for a surviving spouse or an heir who is selected unanimously by the other heirs to have priority consideration.
When the probate petition is filed, the court must give written notice to all heirs of the estate who do not consent to it. Each heir normally has a minimum of 30 days to object to the petition. The technical term used for this objection is caveat.
The probate court will usually appoint the petitioner as administrator by issuing letters of administration unless an objection is filed.
After being appointed, the administrator usually has to post a bond. The bond amount is determined by the total value of the estate’s property, not including real estate.
The administrator will also need to file an initial inventory of all assets of the estate. This inventory is usually required shortly after the administrator has been appointed. In addition, the administrator must file an annual inventory with the court each year. The annual inventory shows all transactions as well as the income and expenses of the estate during that year.
An estate administrator usually wields very limited powers and must obtain approval from the probate court before taking many actions. In circumstances like selling the estate’s assets, the administrator must seek permission from the probate court before proceeding. This usually holds true unless all of the heirs agree otherwise and the probate court waives some or all of the above-mentioned requirements.
If all of the heirs do agree, they may ask the probate court to grant the administrator very broad powers. With these broader powers, the administrator would not be required to seek probate court approval for each action. Where there are no disputes between family members in simple estates, these additional powers can help move the probate process along more easily.
Want Help?
The administrator of an estate has a big job to do. In our office, we want to help you make sure that the estate is settled properly, from the beginning. If you have questions or would like additional help with probate, let us be your guide.
Call our office at (770) 920-6030 or use the form to schedule your free consultation.