Detailed Answer

If the person appointed to administer an estate (the administrator) dies before finishing probate in Georgia, the probate process does not automatically end. The court will need to appoint a successor administrator so estate business can continue. Below is a clear, step-by-step explanation of what typically happens and what you should do.

1. Confirm the administrator’s death and get a certified death certificate

Obtain an official death certificate as soon as possible. The court and many third parties (banks, title companies, insurers) will require a certified copy before they will deal with a new administrator or release assets.

2. Notify the court that is handling the probate

File a notice with the Superior Court clerk’s office in the county where the probate case is filed informing the court of the administrator’s death. If you are not sure where the case is filed, check with the clerk of the Superior Court in the county where the decedent lived at death.

3. Determine whether a successor is already named or available

If the original administrator was serving under a will (as an executor) and the will names an alternate executor, the court can appoint that alternate. If there is no will or no alternate named, Georgia law provides a priority list of persons who may petition to be appointed. Typically that priority favors the decedent’s heirs (surviving spouse, adult children, other next of kin) and creditors may also seek appointment in limited circumstances.

4. Petition the court for appointment of a successor administrator

An interested person (someone with standing such as an heir, beneficiary, or creditor) should file a petition for appointment of a successor administrator (sometimes called a petition for letters of administration). The petition will ask the court to appoint the petitioner (or another named person) to finish administering the estate.

5. Priority and who can be appointed

Georgia law sets out who has priority to serve as personal representative. If multiple people petition, the court will follow the statutory priority and also consider fitness, conflicts, and the best interest of the estate. If the original administrator was bonded, the court will address continuation or replacement of the bond for the successor.

6. Bond, qualifications, and letters

The new administrator will likely need to qualify by taking an oath and posting any required bond unless the court waives bond. Once appointed, the court issues letters of administration (letters testamentary if there is a will) that formally authorize the successor to act with respect to estate assets.

7. Continue estate administration tasks

The successor administrator resumes or completes actions the original administrator began, including:

• Inventorying estate property and filing required inventories or schedules
• Notifying creditors and addressing claims
• Filing accountings and status reports required by the court
• Collecting assets, paying taxes and liabilities, and distributing estate property

8. Records, incomplete filings, and accounting

If the original administrator already filed inventories, accounts, or notices, those filings remain part of the probate record. The successor will use those records but may need to supplement them (for example, file a new inventory or amend prior accountings) and will be responsible for completing any outstanding judicial requirements.

9. If there’s a conflict or multiple petitions

If two or more people request appointment and can’t agree, the court will hold a hearing to resolve matters. The judge will appoint the person who best satisfies statutory priorities and the court’s evaluation of suitability. If someone objects to a proposed successor (for example, alleging misconduct by the proposed administrator), the court will consider evidence before appointing.

10. Practical timing and deadlines

There is no automatic “restart” of probate when an administrator dies; the court generally moves promptly when notified, but timing varies by county. Some filings may have statutory deadlines. If deadlines are close, ask the clerk about emergency or expedited procedures so critical tasks (like creditor notices or tax filings) do not lapse.

Key legal references and where to look

Georgia’s probate rules and statutes govern appointment of administrators and successors. For the text of the Georgia Code and related probate statutes, consult the Georgia General Assembly website: https://www.legis.ga.gov/. For practical court information and forms, see the Georgia Judicial Branch: https://www.georgiacourts.gov/.

When to get an attorney

Consider consulting a Georgia probate attorney if any of the following apply:

• There is a will and questions about the alternate executor or contested interpretation of the will.
• Multiple heirs or potential administrators are in conflict.
• There are complex assets (business interests, out-of-state property, large tax issues).
• The estate faces significant creditor claims or litigation.
• You need help preparing petitions, bond paperwork, or court accountings.

An attorney can prepare the petition for letters, represent a petitioner at hearings, and help ensure required inventories, notices, and accountings are completed correctly under Georgia law.

Disclaimer: This information is educational and general in nature. It is not legal advice, and it does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Georgia attorney.

Helpful Hints

• Get a certified death certificate immediately — the court and banks will ask for it.
• Contact the clerk of the Superior Court in the county where the probate was opened; clerks can tell you the case number and what filings exist.
• Ask for copies of the probate file (petition, inventory, any accounts) so a successor can pick up where the previous administrator left off.
• If you intend to petition to be successor administrator, collect proof of your priority (relationship to decedent) and any identification and bond information the court requires.
• Keep careful records of what the deceased administrator already did — receipts, distributions, creditor notices — and be prepared to account for those actions in court.
• Act quickly on creditor notices and tax filings to avoid penalties for the estate.
• If a will exists, locate the original will immediately; it often names alternates and affects who the court will appoint.
• When in doubt, speak with a probate attorney — even a short consult can clarify deadlines and required filings in Georgia.