The Temporary Administrator says they get to keep everything! Is that true?

Does being the Temporary Administrator of a probate estate give you more power to keep what you want from the estate?

A Temporary Administrator is an unusual position under Georgia probate law, and the position is not used for many estates. It is most often used in an emergency situation where someone must take control of a probate estate very quickly as a result of some other situation. For example, if the bank is attempting to foreclose the home and there is no time to wait for the appointment of a permanent administrator, or when someone is taking estate property.

The Temporary Administrator has very limited powers. In fact, the Temporary Administrator’s primary responsibility is to safeguard the estate’s property until the appointment of a permanent personal representative of the estate. Almost all actions outside of that very limited role must be approved by the probate court.

So, the Temporary Administrator of an estate does not have the authority to keep more than his or her fair share. In fact, the Temporary Administrator does not have any power to distribute any of the estate’s property without specific permission from the Court.  That said, it may take legal action to stop bad actions.

If you are in a situation like this, there are ways to stop the Temporary Administrator from going beyond the scope of his or her authority. It can be a complicated probate court issue, and I recommend that you speak with a member of our team to assist you.

If you would like to discuss the specifics of your situation, please schedule a free consultation with our office.

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.