Detailed Answer — Challenging a Final Accounting in a Georgia Probate Case

Short answer: If the personal representative filed a final accounting in your parent’s probate case in Georgia and you never received notice, you can ask the probate (superior) court to reopen or set aside the accounting and to give you an opportunity to object. Act quickly: deadlines, laches, and court orders can limit your options.

Who is an “interested person” and why notice matters

In Georgia probate practice, heirs, beneficiaries named in a will, and certain creditors are “interested persons.” Courts must provide interested persons with proper notice of probate events so they can protect their rights. Lack of notice can violate your right to be heard and may be a basis to undo a court action approving an account or distributing assets.

Step-by-step approach to challenge the final accounting

Obtain the court file and the final order.

Start by getting copies of the estate file and the final accounting and any court order approving it from the clerk of superior court where the probate was handled. The file will show who was served, what notices were issued, and whether the court entered a final order.
Confirm whether you were an “interested person.”

If you are an heir, beneficiary, or named in the will (or would inherit under intestacy), the court generally should have given you notice. If you are listed as an interested person and still received no notice, that strengthens your position.
Check the record for proof of notice or service.

Look for citations, personal service returns, affidavits of mailing, or notices by publication. If the personal representative or the court used notice by publication, check whether the procedures for publication were followed and whether you were a known heir who should have received personal notice instead.
File a motion with the court asking to reopen or set aside the accounting.

You can file a written motion (often called a motion to set aside or to vacate) explaining you did not receive required notice and asking the court to reopen the matter and allow you to object to the accounting. Provide the court with facts showing you were not notified and explain any prejudice (for example, distributions already made that you were unaware of).
Ask for interim relief if assets are at risk.

If the estate assets were distributed and you have reason to believe misappropriation or waste occurred, ask the court for emergency relief: a temporary freeze, an accounting, appointment of a receiver, or a citation to the fiduciary to appear and explain distributions.
Raise objections and possible claims.

When the court grants you an opportunity to be heard, you can:
- File formal exceptions to the accounting (dispute specific transactions, fees, or distributions).
- Allege breach of fiduciary duty, self-dealing, or conversion if the personal representative misused estate assets.
- Ask for surcharge (monetary recovery), removal of the personal representative, and restitution where appropriate.
Consider relief from judgment if the court already approved the account.

If the court already entered a final order approving the accounting and distributing assets, you may need to ask the court to set aside that order for lack of notice or for other equitable reasons (for example, mistake, fraud, or excusable neglect). Georgia procedure provides mechanisms to seek relief from judgments or orders; a timely motion is important.
Preserve evidence and document communication.

Collect all relevant documents: the will, death certificate, correspondence, bank statements, cancelled checks related to distributions, and any proofs that show you never received notices. Create a clear timeline of events.
Get counsel experienced in Georgia probate law.

An attorney who handles probate in Georgia can review the file, draft the right motions, and argue for appropriate relief. If funds are limited, some lawyers will accept limited-scope representation to handle the critical filings and court appearances.

Possible outcomes

The court may reopen the accounting and permit objections and a new accounting.
The court may order restitution, surcharge the fiduciary, or remove the personal representative if misconduct is proved.
The court may deny relief if it finds notice was proper or if you waited too long (laches or statute of limitations concerns).

Where to look for Georgia law and forms

Primary state law governing wills, estates, and administration is located in the Official Code of Georgia Annotated (OCGA), Title 53 (Wills, Trusts, and Administration). For court procedures and statewide resources for probate courts, see the Georgia General Assembly and the Georgia Courts websites:

Helpful Hints

Act quickly. Deadlines and the doctrine of laches can bar challenges if you wait too long.
Obtain the court file immediately from the clerk of superior court where the estate was probated.
Document how you learned about the accounting and why you did not receive notice.
Ask the clerk if the estate used substituted service or publication and request copies of any affidavits of service.
If distributions already occurred, identify where funds went and whether they can be recovered from recipients or the fiduciary.
Consider a limited-scope attorney engagement if you only need help drafting and filing time-sensitive motions.
Keep communications with the personal representative civil and focused on resolution; courts favor clear, organized objections and evidence.
Be prepared for settlement talks — many estate disputes resolve by negotiation rather than long litigation.

Disclaimer: This article provides general information about Georgia probate procedures and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Georgia attorney.