Detailed answer — how Georgia law treats an alleged mismanagement or improper sale

If a family member alleges you mismanaged estate assets after you sold a vehicle that belonged to the decedent, Georgia law looks at three main questions:

1. Was the vehicle part of the decedent’s estate (owned by the decedent at death)?
2. Did you have legal authority to sell it (for example, as the appointed personal representative/executor or as a titled co-owner)?
3. If you did sell it, did you handle the sale correctly (reasonable price, money treated as estate funds, and proper reporting to the court and heirs)?

Each question determines what remedies are available to an unhappy heir and what defenses you may have.

1) Ownership and whether the car was estate property

If the decedent owned the car in his name at death, the vehicle is ordinarily estate property that must be administered through probate (unless title passed automatically to someone else — for example, a joint owner with right of survivorship or a named beneficiary/titled transferee). If the vehicle already passed outside probate, a sale by a non-owner is less likely to be a probate issue.

2) Authority to act

In Georgia, only someone with legal authority (letters testamentary, letters of administration, or another statutory authority) may use estate assets for estate business. If you were the court-appointed personal representative or had another lawful basis to sell the car, the sale is usually permissible if you followed the duties the law places on a fiduciary. If you sold the car without authority, an heir can claim conversion or breach of fiduciary duty.

General probate rules and fiduciary duties are governed by state law; see Title 53 of the Official Code of Georgia (Wills, Trusts, and Administration of Estates) for the statutory framework (Georgia General Assembly — Georgia Code).

3) Duty to account, inventory, and treat proceeds as estate property

If you had authority to sell, you must inventory estate assets, keep records, and account to the probate court and beneficiaries. A proper sale normally requires a reasonable sale price, proof that proceeds were deposited to the estate account, and disclosure on the executor’s accounting. Failure to account or to deposit proceeds into the estate can lead an heir to file for an accounting, ask the court to surcharge (make you repay losses), or to remove you as personal representative.

Common claims a sibling might bring

• Conversion or unauthorized disposition of estate property (if you lacked authority to sell).
• Breach of fiduciary duty or failure to account (if you were a personal representative and did not follow probate duties).
• Undervaluation or sale to a related buyer at below-market price (claims of self-dealing).
• Petition to remove the personal representative (if misconduct or incapacitation is alleged).

What can the heir ask the court to do?

An heir may ask a Georgia probate court to:

• Require a formal accounting of the sale and all estate transactions.
• Surcharge the fiduciary for losses—pay back the estate for any proven loss caused by the wrongful sale or misconduct.
• Set aside an improper sale or order restitution if a court finds conversion.
• Remove the personal representative and appoint a successor if there is a breach of duty.

Possible defenses if you sold the car

• You were the titled owner or joint owner and had the right to sell outside probate.
• You were appointed as the executor/personal representative and acted within your authority.
• The sale was reasonable and the proceeds were placed into the estate and fully disclosed to the court and heirs.
• You relied on advice from counsel or a qualified professional in good faith.

Practical consequences and next steps

If an heir threatens litigation or files a petition, the immediate practical actions typically are:

1. Gather documentation: title history, bill of sale, sale proceeds, bank records showing deposit to the estate account (if applicable), advertisements or appraisals, communications with heirs, and any court letters showing your authority.
2. If probate is open, file or prepare your accounting and disclosure with the probate court. If it isn’t, consider whether opening probate or filing a small‑estate affidavit (when available) is appropriate.
3. Talk to a probate attorney promptly. An attorney can help draft a court accounting, negotiate with the objecting sibling, and defend against claims (or advise you about voluntary restitution or settlement if that is advisable).
4. Consider mediation to resolve disputes without prolonged court litigation. Georgia courts routinely allow or encourage alternative dispute resolution in probate fights.

For general information about probate courts and administration of estates in Georgia, the Georgia Courts website provides resources: Georgia Courts.

Bottom line: Whether the sale was improper depends on ownership, authority, and how you handled the proceeds. If you acted with legal authority and documented the transaction properly, an heir’s claim may fail. If you lacked authority or failed to account, the court can order remedy, repayment, or removal.

This is a general overview and not legal advice. Consult a Georgia probate attorney about the specifics of your situation.

Helpful hints — what to do now

• Stop and document: immediately collect the bill of sale, title transfer documents, payment records, and any communications about the sale.
• Don’t spend estate money: if sale proceeds remain, keep them in a separate account labeled as estate funds until matters resolve.
• Check your authority: do you have letters testamentary or letters of administration from the probate court? If not, be cautious about further dealings with estate property.
• Open probate if necessary: if the estate needs administration and no probate is open, consult counsel about opening an estate so you or another fiduciary can act formally.
• Provide a clear accounting to heirs: a transparent explanation and records often defuse disputes before litigation starts.
• Avoid escalating conflict: offer mediation or a joint meeting with counsel to try to resolve concerns quickly and cheaply.
• Get legal help early: even a short consultation with a Georgia probate attorney can clarify your legal position and reduce the chance of costly mistakes.
• Learn about Georgia probate law: refer to Title 53 of the Official Code of Georgia for statutory rules and consult your local probate court for procedures (Georgia General Assembly — Georgia Code and Georgia Courts).

Reminder: This overview is educational and does not replace personalized legal advice. For a reliable resolution, consult a licensed probate attorney in Georgia who can review the specific facts and court filings.