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Administrator Of Estate In Georgia: How Georgia Estate Administration Works

Georgia Estate Administrator - Administrator Of Estate In Georgia - Georgia Estate Administration

Let’s talk about being an administrator of an estate in Georgia. 

In this article, you’ll learn about: 

  • what is an administrator 
  • how to file to be the administrator of an estate in Georgia
  • how an administrator gets picked
  • the duties of an administrator
  • how the administrator can settle the estate

Let’s dig in. 

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What Is An Administrator Of An Estate In Georgia?

In Georgia, being an administrator of an estate means you manage a deceased person’s assets and debts. 

You get appointed by a court if the deceased did not leave a will. 

Your duties include:

  • gathering all the assets
  • paying debts and taxes
  • distributing what remains to the heirs according to state law 

You must also file reports with the court about how you’re managing the estate. 

This is a big responsibility, and you must act in the best interest of the estate and its beneficiaries.

Appointment Of An Administrator Of An Estate In Georgia

Let’s talk about:

  • how the courts determine who will be the estate’s administrator
  • how to petition the courts to be an administrator of the estate

How To Determine Who Will Be The Administrator Of An Estate In Georgia

In Georgia, the process to determine the administrator of an estate is outlined by law.

  1. Check The Will: If there is a will, it usually names an executor. This person becomes the administrator of the estate.
  2. If No Executor Is Named, Or There Is No Will: Family members can petition the court to be appointed as administrator.
  3. Spouse Or Children First: The court typically prefers the surviving spouse or children for this role.
  4. Other Relatives Or Creditors: If no spouse or children are willing or able to serve, the court may consider other relatives or even creditors of the estate.
  5. Professional Administrator: Sometimes, the court appoints a professional administrator, especially if the estate is large or complex.
  6. Acceptance Of Appointment: The chosen person must accept the appointment and may need to post a bond.
  7. Legal Documentation: The court provides legal documentation that gives the administrator the authority to manage the estate.
  8. Duties Begin: The administrator starts their duties, which include paying debts, distributing assets, and fulfilling the legal requirements of estate administration.

How To File For Administrator Of Estate In Georgia

Here are the steps to file to be an administrator of an estate in Georgia:

  1. Determine Eligibility: In Georgia, you must be at least 18 years old and of sound mind to be an estate administrator.
  2. Go To The Courthouse: Visit the Probate Court in the county where the deceased person lived.
  3. Get Necessary Forms: Ask for the forms needed to file for Letters of Administration. This includes a Petition for Letters of Administration.
  4. Fill Out The Forms: Complete the forms accurately. Include the deceased’s information and your own.
  5. Notify Heirs And Creditors: Georgia law requires you to notify heirs and creditors that you’re applying to be the estate’s administrator. You can do this by sending a letter or publishing a notice in a local newspaper.
  6. Submit The Forms: Return the completed forms to the Probate Court, along with any required filing fee.
  7. Attend A Hearing: The Probate Court may schedule a hearing. Be present, and answer any questions the judge has.
  8. Get Letters Of Administration: If the court approves your application, you’ll receive Letters of Administration. This document gives you legal authority to manage the estate.
  9. Inventory The Estate: Make a list of the deceased person’s assets and debts.
  10. Manage The Estate: Use the Letters of Administration to manage the estate’s assets, pay debts, and distribute what remains to heirs.
  11. Close The Estate: Once you’ve settled the estate’s debts and distributed assets, file a final report with the Probate Court to close the estate.

What Are The Duties Of An Administrator Of An Estate In Georgia?

An administrator of an estate in Georgia takes care of a deceased person’s property. 

Here are the main duties of administrator of estate:

  1. File A Petition: They start by filing a petition in probate court to become the administrator.
  2. Gather Assets: They locate and gather the deceased person’s assets, like bank accounts, real estate, and personal belongings.
  3. Notify Creditors And Heirs: They inform creditors and heirs that the estate is in probate.
  4. Pay Debts: They use the estate’s assets to pay off the deceased person’s debts, including taxes.
  5. Manage Assets: They take care of the estate’s property, making sure it’s safe and maintained.
  6. Distribute Property: They make sure that what’s left of the estate goes to the rightful heirs or beneficiaries according to the law.
  7. File Reports And Documents: They file necessary documents and reports with the probate court, showing what they did with the estate’s assets.
  8. Close The Estate: Finally, they ask the court to close the estate once all duties are finished.

How Do You Administer An Estate In Georgia?

In Georgia, start by figuring out if the estate needs to go through probate. 

If there’s a will, make sure you have the original document. 

File a petition to ask the court to appoint you as the executor or personal representative. 

This has to filed be at the county probate court where the deceased lived. 

Georgia law requires that you notify the deceased’s heirs and creditors about the estate. 

Make a list of all assets and property in the estate and get appraisals if necessary. 

Use the estate’s assets to pay off any debts and taxes. 

Distribute the remaining assets to the heirs according to the will or Georgia law. 

Finally, submit the necessary documents to the probate court to close the estate.

This includes an accounting of how the assets were distributed. 

This process will help you administer an estate in Georgia.

How To Settle An Estate In Georgia

As an administrator of an estate in Georgia, you have to settle the estate. 

These are the steps to settle an estate in Georgia. 

  1. Obtain the Will: If the deceased person left a will, find the original document.
  2. Identify the Executor: Check who the will names as the executor. This person manages the estate.
  3. File the Will in Probate Court: Take the will to the probate court in the county where the deceased lived. This starts the legal process.
  4. Notify Interested Parties: Tell family members and others named in the will about the probate process.
  5. Inventory Assets: Make a list of all the deceased’s property and assets.
  6. Pay Debts and Expenses: Use the estate’s funds to pay any debts and expenses, like funeral costs.
  7. File Taxes: Complete and file any necessary tax returns for the deceased.
  8. Distribute Assets: Follow the will’s instructions to give property and assets to the named beneficiaries.
  9. Close the Estate: Once everything is settled, file documents with the probate court to officially close the estate.
  10. Keep Records: Throughout the process, keep detailed records of everything you do as executor. This helps avoid disputes later on.

FAQs About Being An Administrator Of Estate In Georgia

Here are other questions that our Georgia probate clients ask. 

Can An Administrator Of An Estate Take Everything?

No, an administrator of an estate cannot take everything. 

The administrator must follow the law and the will, if there is one. 

They have a duty to manage the estate’s assets responsibly. 

They must pay the estate’s debts and distribute the remaining assets to the rightful heirs or beneficiaries. 

If the administrator takes everything improperly, they can be held legally accountable.

Can An Administrator Of An Estate Sell Property In Georgia?

Yes, an administrator of an estate can sell property in Georgia. 

First, the probate court must grant the administrator the authority to handle the estate. 

The administrator should then check if the will allows the sale of property. 

If there is no will, or the will does not address property sales, the administrator needs court approval to sell the property. 

Before selling, the administrator should also pay the estate’s debts and handle any claims against it. 

Once these steps are completed, the administrator can list the property for sale and finalize the transaction. 

The proceeds from the sale are typically used to settle the estate’s obligations and are then distributed to the heirs.

How Long Does An Administrator Have To Settle An Estate In Georgia?

In Georgia, an administrator generally has to file an inventory of the estate within 6 months of being appointed. 

After that, there is no specific deadline to settle the estate. 

However, beneficiaries can ask the court to make the administrator finish the process if it takes an unusually long time. 

Typically, settling an estate in Georgia takes about 12 to 18 months, but complex estates can take longer.

Read More: How Long Do You Have To Probate A Will In Georgia?

Get Help From A Probate Attorney

If you want help from a probate law firm, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future
  • not losing everything to creditors and lawsuits
  • properly (and legally) distributing assets 

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our probate lawyers.

Benefits of our probate services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate probate strategies:

  • Creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

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