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    What Does It Mean to Be an Estate Administrator?

    If you’ve recently lost a loved one and they did not leave a will, you’ll still have to sit and discuss estate matters with your family.

    Estate refers to the property, money, belongings, and other possessions of the deceased person.

    During this conversation, you might work through questions like:

    • “Which family member should distribute the estate assets and how?”
    • “Who are the beneficiaries?”
    • “How do we divide the deceased person’s property among ourselves?”
    • “Do we have to pay any debts the decedent left behind?”

    This article will attempt to simplify this topic, give clarity, and answer some of the most pressing questions you likely have about estate administration.

    So, let’s begin.

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    Why Do We Need an Estate Administrator in the First Place?

    To avoid possible conflicts after the death of a loved one, one person needs to be officially in charge of handling the estate of the decedent.

    Starting a probate proceeding can facilitate this process, and once the decision has been made to begin probate, it can take 3-6 months to officially open the estate, depending on the county.

    During this time, the individual named on the will — an Executor — will be authorized to administer the estate and determine how assets will be distributed.

    But if a person dies without a will (what we call intestacy) or if the executor declines their duties, no one will be authorized to manage the deceased’s affairs. In this case, the Probate Court will appoint someone to handle the decedent’s estate.

    What Are Letters of Administration?

    When there is no will, a court order will be issued, officially appointing someone to represent the estate. This document gives the nominated administrator the authority to collect assets, work with creditors and take action on behalf of the deceased person’s estate.

    Without this document, no one has any power to take action on behalf of the estate whatsoever. Financial institutions will not be able to speak with you, and you may not have the authority to transfer or sell property, including the estate home.

    How do I obtain Letters of Administration?

    First, make sure that the deceased did NOT leave a will. Then, you must file an appropriate petition in the Probate Court to begin the process.

    How long does it usually take to become an Administrator?

    It depends on the county, but in a situation where there are no disputes and all initial paperwork is filed correctly, you may receive the documentation within 3-6 months of filing.

    If the deceased did leave a will, you would receive a different order called Letters of Testamentary. Letters of Testamentary will allow you to act on behalf of the decedent and manage tax-related matters.

    What’s the Difference between an Executor & an Administrator?

    Executors and administrators share the same responsibilities, but these two roles are assigned differently.

    An Executor is someone the deceased named on the will to handle their estate affairs. The named executor will be required to manage the Estate, pay debts, and distribute the estate’s remaining assets to beneficiaries.

    An Administrator, on the other hand, is someone that the Probate Court appoints if one of the following is true:

    • The deceased did not leave a will.
    • The family members cannot find a will.
    • The named executor refuses their duties.
    • The executor is unable to fulfill their responsibilities for any reason.

    Temporary vs. Permanent Administrator of an Estate

    Temporary administrators have minimal abilities but are often quickly assigned because of emergencies (e.g., imminent property foreclosure).

    Although in certain situations it may be beneficial to file to become a temporary administrator, there are a few drawbacks:
    There may be a time limit on how long the temporary administrator can serve before they have to file for permanent letters.
    They have minimal authority and can only take action to protect and preserve estate assets and nothing else.
    They may be required to serve with a bond and submit inventory and annual income tax returns.

    When a Permanent Administrator is officially appointed, they will have certain powers and greater flexibility in administering the Estate.

     

    Responsibilities of an Administrator

    If you’re wondering what an estate administrator should do, their typical duties include:

    • Collecting all the assets of the decedent
    • Keeping an inventory of the Estate
    • Verifying and settling any tax obligations with federal and state authorities
    • Paying the deceased person’s bills, debts, and expenses of administration (e.g., cost of hiring a lawyer, if any)
    • Securing an IRS tax identification number
    • Establishing an estate account to deposit all estate funds
    • Distributing the remainder of the assets to beneficiaries after paying all the debts and expenses
    • Upholding the oath that they have taken after being appointed
    • Petitioning the Probate Court to close the estate after all the assets have been distributed

    If there is no will to identify the assets of the estate, the Administrator may have to comb through the personal files and financial records of the deceased to gather all the necessary information.

    Who Can Be an Estate Administrator?

    Any individual who would like to petition to become the Administrator may do so, but the most common choices are typically a surviving spouse or a next of kin.

    The scope of an estate administrator’s authority is huge. They can determine how to settle the decedent’s Estate and how assets of the Estate should be distributed. For example, they may choose which assets to sell and which to hold for later distribution to the heirs.

    Who Is Not Qualified to Become an Administrator?

    Candidates below the age of 18, corporations, and a person with a questionable background (e.g., criminal record) are generally not eligible. Ultimately, the Probate Court gets to decide within its discretion who will be appointed for this position.

    How Is an Administrator for the Estate Selected When There Is No Will?

    If all heirs make a unanimous selection, the Probate Court will often nominate that person as the Administrator. Otherwise, the Probate Court will appoint the person it feels will best serve the interest of the Estate.

    States base their selection on various criteria, but the court generally uses this priority list as guidance:

    1. Surviving spouse (unless an action of divorce was pending at death)
    2. Preferred Heir (selected by a majority of the heirs)
    3. Any other eligible party
    4. A creditor
    5. The County Administrator (someone who works for the court to administer estates)

    Keep in mind that the Probate Judge is not required to follow this list and has a wide range of discretion to appoint the person they feel is best for the estate.

    If you do not trust the appointed person or believe that are unfit to fulfill their estate duties, one consideration could be to file a legal objection.

    Can someone who is not an immediate family member be an estate administrator?

    Can Someone Who Is Not an Immediate Family Member of the Deceased Be an Estate Administrator?

    Yes. Although the spouse or a family member is often chosen as administrator, other people can apply as long as all heirs approve. If the heirs cannot make a unanimous selection, the Probate Court may step in and make a final decision to appoint an Administrator of the court’s choosing. The Probate Court may also consider appointing a County Administrator.

    Other entities like guardianship agencies (if the deceased was incapacitated) and creditors may also be considered.

    What if I’m Opposed to the Nominated Administrator?

    If you have any reservations about the person petitioning for the role, you may want to consider filing a legal objection. Beyond this period, the court may proceed to authorize them to administer the estate.

    Filing an objection requires a legal basis and there are many different options to consider for the legal objection. It is best to speak with your attorney on what objection may be best for your situation.

    If you claim that someone is unfit, you will be required to submit evidence to support it. If priority is the basis of your objection, that means someone else ranks higher on the priority list under Georgia Law and should be considered first for this position.

    Do estate administrators get paid?

    Do Estate Administrators Get Paid?

    Once an administrator is appointed, they will be compensated based on the quality of their work, and the amount they receive will depend on the state and the size of the estate.

    To receive their compensation, they will be required to fully account for their expenses and time spent doing the work.

    What Are the Potential Liabilities of Becoming an Estate Administrator?

    Estate administrators are accountable for the following involved parties:

    Creditors

    Administrators must satisfy the Estate’s creditors before distributing assets to the beneficiaries or anyone entitled to the Estate. In Georgia, a priority system dictates which creditor should get paid first, and the Administrator must follow it in the correct order.

    If the Administrator fails to pay the deceased’s creditors or follows the list in the wrong order, they will be personally responsible for satisfying the creditor.

    Heirs

    Keeping an accounting of estate assets and liabilities is one of the responsibilities of an estate administrator.

    If an heir or beneficiary feels the appointed administrator is not being transparent, they may file with the Probate Court to request a detailed accounting from the Administrator.

    If the Administrator mismanages the assets of the Estate, the beneficiaries may petition to have them removed from their position or personally reimburse the Estate.

    Who Are the Beneficiaries of an Estate?

    The will should determine the beneficiaries entitled to the assets of the estate, but if there isn’t one, the state’s intestacy laws will apply.

    Probate Court

    The estate administrator will take an oath once they are appointed to their position.

    The Probate Court may request them to file paperwork, such as an inventory or accounting, to show the progress of the estate. If the Administrator fails to comply, the Probate Judge may request a hearing or even remove them for failing to provide the necessary information.

    What’s Next?

    The estate administration process can be very tedious, especially if you’re unsure what questions to ask and in what order.

    If you need clarification from a probate lawyer, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia Probate Handbook. Contact our office at (770) 796-4582 to set up a consultation.

    Summary
    Article Name
    What Does It Mean To Be An Estate Administrator?
    Description
    If you have recently lost a loved one, there is no will, and you have more questions than answers, this article helps clarify What It Means To Be An Administrator and answer some of the most pressing questions you are likely asking yourself about estate administration.
    Author
    Erik Broel
    Publisher Name
    Georgia Probate Firm
    Publisher Logo

    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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