Detailed Answer
Under Georgia law, a personal representative (often called an administrator or executor) supervises the collection, management, and distribution of a decedent’s assets. You must petition the probate division of the superior court in the county where the decedent resided. The court follows the priority rules in O.C.G.A. § 53-2-10 (LexisNexis) when appointing a personal representative:
- Surviving spouse
- Principal or residuary legatee named in a will
- Children or other lineal descendants
- Parents
- Grandchildren or more distant descendants
- Creditors
- Any other person with a valid interest
As a mother-in-law, you fall into the “any other person” category. The court will appoint you only if no one higher in priority qualifies or is willing to serve. To be eligible, you must:
- Be at least 18 years old
- Not have an unpardoned felony conviction
- Reside in Georgia or be qualified under special circumstances
If the decedent left a valid will naming an executor, that person has first right to serve. If the named executor declines, is ineligible, or fails to qualify within the court’s deadline, the court moves down the priority list. When you petition, include the death certificate, any will, and a list of heirs. If appointed, you must take an oath and, where required, post bond under O.C.G.A. § 53-2-30 (LexisNexis). You then collect assets, pay debts and taxes, and distribute the remaining property according to the will or Georgia’s intestacy rules (O.C.G.A. § 53-2-1 et seq.).
Disclaimer: This article provides general information under Georgia law and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Review the decedent’s will to see if an executor is named.
- Consult O.C.G.A. § 53-2-10 for the full priority list.
- Visit the superior court clerk’s office in the county of the decedent’s residence.
- Ask the clerk if a bond is required and how to calculate its amount.
- Keep detailed records of all estate receipts, disbursements, and communications.
- Consider discussing your role with an estate administration attorney.