Who Takes the Reins in Georgia Probate? Understanding Priority of Appointment
The passing of a loved one is a difficult time, made even more challenging by the legal complexities of settling their estate. In Georgia, one of the initial steps in probate is appointing a personal representative—the individual responsible for managing and distributing the estate's assets. So, who gets this crucial role? Georgia's priority of appointment statute provides a clear roadmap.
Georgia's Priority of Appointment: A Step-by-Step Guide
Under Georgia Code § 53-6-20, the order of preference for appointing a personal representative is as follows:
1. The Executor Named in the Will: If the deceased left a valid will and named an executor, they typically have the first right to serve, provided they are willing and qualified.
2. Unanimous Selection by Heirs: In the absence of a will or if the named executor cannot serve, the heirs may unanimously agree on an administrator.
3. Court Appointment Based on Best Interests: If the heirs cannot agree, the probate court steps in and appoints the person who will best serve the estate's interests. The court considers the following preferences:
a. Surviving Spouse: Unless a divorce or separate maintenance action was pending at the time of death, the surviving spouse is generally given priority.
b. Heirs or Their Nominee: If there is no surviving spouse, the heirs or a person selected by a majority of them may be appointed.
c. Other Eligible Individuals: In some cases, the court may appoint another qualified person, such as a creditor of the estate.
d. County Administrator: As a last resort, the county administrator may be appointed.
Why Priority Matters in Georgia Probate
The priority of appointment statute aims to ensure the smooth and efficient administration of the estate. It minimizes disputes, respects the deceased's wishes (if expressed in a will), and prioritizes individuals with a stake in the estate's proper handling.
Navigating Georgia Probate: Don't Do It Alone
While the priority of appointment statute provides clarity, probate in Georgia can be a complex and overwhelming process. From interpreting legal documents to dealing with creditors and potential disputes, it's crucial to have experienced legal guidance on your side.
At Atkins Law Offices, we understand the unique challenges faced by families during probate. Our dedicated probate attorneys can help you navigate the entire process, ensuring your loved one's estate is handled with care and in accordance with Georgia law.
Contact Us
If you're involved in a probate matter in Georgia, don't hesitate to seek professional assistance. Contact Atkins Law Offices today for a free consultation. We'll discuss your situation, explain your options, and help you develop a plan that protects your interests and honors your loved one's legacy. We are here to support you with all your probate and estate planning needs.