Table of Contents
Can an administrator be removed?
The Basic Law: Any interested person has the right to file a petition in the Probate Court seeking the removal of the fiduciary, be it Executor or Administrator, for cause. Indeed, the Court, on its own motion, may seek to remove the fiduciary. California Probate code: 8502.
Can you contest an administrator of an estate?
In most states, they must do so in writing and file the objection with the probate court. One or more heirs might lodge objections. If the court receives any challenges to the appointment, the clerk schedules a hearing.
On what grounds can an executor be removed?
The court will only remove an executor when there is evidence that he or she is unable to faithfully discharge their duties in the best interests of the beneficiaries. The court might declare an executor unfit if they display misconduct or neglect their duties because of carelessness, incompetence or actual intent.
When to file a petition to close a probate estate in Georgia?
In Georgia, the Executor or Administrator files a Petition to Discharge the Personal Representative to Close a Probate Estate. This Petition is filed after all of the debts, expenses and taxes have been paid, tax returns filed, and remaining assets distributed.
Who are the co-executors of an estate in Georgia?
First, under Georgia probate law, when a probate court has appointed two people to act as co-executors of a will they have a duty to act together in the best interests of the estate and its heirs.
How are heirs determined in Georgia estate law?
Georgia law determines who the heirs are. The heirs are determined by priority. The first priority is the surviving spouse and any children. They stand equal in the law and will divide an estate equally among themselves with each person getting a share equal to every other person, unless there are more than two children.
When do I need to file to administer an estate?
If the decedent owned a real estate or other property like bank accounts, investment accounts, personal property that needs to be distributed, you will need to file to administer his estate. If the estate needs to be administered, what do I need to do first?