Overview: What it means to oppose an application for letters of administration in Georgia
If someone (for example, a sibling) files a petition asking the probate court to issue letters of administration for a deceased person’s estate, interested persons have the right to object before or after the court appoints an administrator. In Georgia, probate matters are governed by state law (commonly found in Title 53 of the Official Code of Georgia Annotated). The court will consider objections and evidence before deciding who should receive letters and whether an appointed administrator should remain in place.
Detailed answer: How to formally challenge the application (step‑by‑step)
1. Identify the correct court and get the case documents
Locate the petition and the court where it is filed. Probate petitions for letters of administration are filed in the probate court (or in some counties the superior court sitting as probate court). You can ask the clerk for copies of the petition, the proposed order, and any exhibit or affidavit attached to the application.
2. Determine whether you have standing to object
“Interested persons” — typically heirs, beneficiaries, creditors, or other potential personal representatives — have standing to object. If you are an heir or otherwise claim an interest in the estate, you can challenge an application. If you’re unsure whether you qualify as an interested person, ask the clerk which parties received notice; that list is usually a good starting point.
3. Grounds for objection (what you can argue)
Common grounds that persuade a probate judge to deny or revoke letters include:
- The applicant is not entitled to priority under Georgia’s probate rules (another heir has higher priority).
- The applicant is disqualified (for example, convicted of a felony involving dishonesty, or is under legal incapacity).
- The application contains material misstatements, fraud, or lack of proper service/notice.
- The applicant is likely to mismanage the estate, has conflicts of interest, or has engaged in elder abuse or undue influence.
- There is a valid, controlling will (in which case letters by administration are inappropriate).
Georgia’s estate statutes and court rules set priority and disqualification rules; see Title 53 of the Official Code of Georgia Annotated for the governing law: https://www.legis.ga.gov/ (search for Title 53, Decedents’ Estates).
4. File a written objection (formal pleading)
Prepare and file a written objection, often called an “Objection to Petition for Letters of Administration,” “Contest,” or “Notice of Contest.” The objection should include:
- Your name and contact information.
- The probate case number and court.
- The name of the applicant you are contesting.
- Clear statement of the specific grounds for your objection and the facts that support them.
- The remedy you seek (deny issuance, hold a hearing, revoke letters already issued, or require bond or accounting).
- Signature and certificate of service showing you served the applicant and other interested parties.
File the objection promptly. If letters have not yet been issued, file before the court acts on the application. If letters already issued, file a motion to revoke or to remove the administrator (see the next steps).
5. Serve the objection and any supporting evidence
Serve the objection on the applicant and all parties entitled to notice. Proper service follows Georgia probate rules and local court rules — typically personal service or certified mail with proof. Attach copies of supporting documents (death certificate, wills, proof of criminal convictions, bank records, medical records, affidavits from witnesses). The court will usually deny unsupported or conclusory allegations, so attach specifics and documentary proof where possible.
6. Ask the court for a hearing and emergency relief if needed
When you file an objection, request a hearing date. If you fear the applicant will dissipate estate assets, request temporary relief — for example, an order preventing the applicant from touching estate bank accounts, requiring a bond, or blocking distribution until the contest resolves. Use wording such as “motion for temporary restraining order” or “motion to stay distribution.” Bring evidence to show immediate risk of loss.
7. Prepare for the hearing
At the hearing present direct evidence and live witnesses if possible. Typical evidence includes:
- Documents establishing your heirship or priority (birth certificates, family records).
- Criminal records or other public records showing disqualification.
- Bank statements, canceled checks, or affidavits showing waste, fraud, or self‑dealing by the applicant.
- Medical notes or witness testimony showing undue influence or incapacity.
Organize exhibits, prepare witness lists, and provide copies to the court and opposing counsel or parties in advance, per local rules.
8. Possible outcomes and next steps
- The court may deny the applicant’s petition and appoint a different administrator.
- If letters already issued, the court can revoke or suspend them and appoint another personal representative, require a bond, or order accountings.
- The court may refer suspected crimes (fraud, theft) to law enforcement.
- If you disagree with the probate court’s ruling you may appeal — there are strict timelines for appeals, so act quickly.
Key Georgia law references
Georgia’s probate and estate rules are found in state statutes under Title 53 (Decedents’ Estates). For the statutory text and to confirm specific code sections that apply in your situation, consult the Georgia General Assembly website: https://www.legis.ga.gov/. You can search Title 53 there for provisions on priority, letters of administration, qualifications and removal of personal representatives.
When to hire an attorney
Contesting a probate petition can involve strict procedural rules, evidence rules, and time limits. Consider hiring a probate attorney if any of these apply:
- The estate has substantial assets or complex claims.
- The opposing party alleges negligence or files motions for sanctions.
- You need emergency relief to protect assets.
- The matter involves disputed facts (undue influence, fraud, incapacity) or potential criminal conduct.
Helpful Hints
- Act quickly. Probate courts often move fast; missing a filing deadline can forfeit your ability to object.
- Get certified copies of the death certificate and any will promptly.
- Document everything: communications, transfers, withdrawals, and actions the applicant takes with estate property.
- Ask the clerk for local probate forms or a sample “Objection to Petition for Letters.” Many counties provide form pleadings you can adapt.
- If the administrator already has access to assets, ask for an immediate accounting and, if warranted, request a bond to protect estate funds.
- Keep records of service (return receipts, affidavit of service) to prove notice.
- If you cannot afford an attorney, ask the court about free or low‑cost legal aid resources in Georgia or check local law school clinics for help.
Resources
- Georgia General Assembly (search Title 53, Decedents’ Estates): https://www.legis.ga.gov/
- Georgia Courts (information about the court system and locating your local probate court): https://georgiacourts.gov/
Disclaimer: This article explains general Georgia probate procedures and is for educational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Georgia probate attorney promptly.