Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Georgia, you can petition the probate court to remove an estate administrator who neglects or refuses to perform required duties. The governing statute is O.C.G.A. § 53-6-173. It authorizes removal for reasons such as:
- Willful neglect or refusal to qualify or act;
- Misconduct or breach of trust;
- Failure to give required bond or security;
- Undue delay in settling the estate;
- Sale or waste of estate property.
Anyone with a legal interest in the estate—such as beneficiaries, heirs, or creditors—may file the petition. You’ll submit your request in the probate court where the estate is administered, typically the county probate court where the decedent lived at death.
1. Grounds and Evidence
In your petition, clearly state the specific grounds under O.C.G.A. § 53-6-173 and include evidence such as missed accounting deadlines, refusal to distribute assets, or proof of mismanagement. Supporting documents may include bank statements, letters demanding action, or deposition transcripts.
2. Filing the Petition
Prepare a verified petition and serve it on the administrator and other interested parties under Georgia’s service rules. The court will set a hearing date and require notice to all heirs and creditors.
3. Court Hearing and Standard
At the hearing, the court evaluates whether removal is in the estate’s best interest. Georgia law favors the estate’s efficient administration and protection of assets. If the court finds sufficient cause, it may remove the administrator and appoint a successor.
4. Appointment of Successor
Upon removal, the court typically appoints the next qualified person, such as an alternate executor named in the will or, absent that, an heir at law under O.C.G.A. § 53-6-191. The successor will file a bond (if required) and continue the administration.
Helpful Hints
- Review deadlines: Georgia law requires administrators to render an inventory within three months and an accounting within nine months of qualification.
- Gather documentation: Keep copies of all correspondence, notices, and financial records.
- Provide clear notice: Serve the petition properly on all interested persons to avoid delays.
- Consult local court rules: Probate procedures can vary by county; check the county probate court’s filing requirements.
- Consider mediation: Some courts offer alternative dispute resolution to address administrator conflicts quickly.