Who Can Be An Estate Administrator in Georgia?

The process of handling a loved one’s estate after their passing can be a complex and emotionally challenging experience.

Having the right estate administrator in place is crucial to ensure that the estate is managed properly and that the decedent’s wishes—or the state’s laws, in the absence of a will—are followed. In Georgia, the estate administrator plays a central role in managing assets, paying debts, and distributing property to beneficiaries.

But who can serve as an estate administrator, and what responsibilities come with the role?

What Is an Estate Administrator?

An estate administrator is the person responsible for overseeing the management of a deceased individual’s estate, and is one of two types of personal representative of an estate.

This role involves tasks such as identifying and collecting the decedent’s assets, settling debts and taxes, and distributing the remaining assets to the beneficiaries according to the terms of the will or Georgia’s intestacy laws (if no will exists).

An estate’s personal representative is typically named in the decedent’s will (known as an “executor” in that case).

However, when there is no will, an administrator instead must be appointed by the probate court to handle the estate as its personal representative.

This administrator is often a family member, but in some cases, a neutral third party, such as a professional fiduciary or a county administrator, may be selected if there are disputes or complexities.

Legal Requirements to Serve as an Estate Administrator in Georgia

In Georgia, not just anyone can serve as an estate administrator. The law has specific requirements for who is eligible, ensuring that the person appointed is capable of handling the important and often sensitive responsibilities associated with managing an estate.

Here are the key qualifications:

• Family members: Spouses, adult children, and other close relatives are commonly appointed as estate administrators.
• Close friends: If there are no immediate family members or if the will specifies, a close friend may be chosen.
• Professional fiduciaries: In some cases, a professional estate administrator may be appointed, especially when large, complex estates are involved.
• Neutral third parties: When family members disagree or when there is no will, the court may appoint a neutral third party, such as a county administrator.

Certain individuals are disqualified from serving as estate administrators, including minors, individuals convicted of certain felonies, or people who lack the financial or organizational capacity to handle the estate.

How an Administrator Is Chosen in Georgia

If the decedent left a will, the estate’s personal representative (referred to as the “executor” in this case) is usually named in that document.

This simplifies the process because the probate court will honor the decedent’s wishes and appoint the named individual as executor.

Once appointed, the executor is responsible for initiating the probate process and managing the estate as outlined in the will.

What Happens to Your Estate If You Die Intestate?

In situations where there is no will, known as dying “intestate,” the probate court will appoint someone to serve as the administrator.

Usually, this person is a family member, such as a surviving spouse or adult child, but any interested party may petition the court to be appointed.

If no family member or interested party is willing to serve, or if disputes arise, the court may appoint a neutral third party, such as a county administrator.

Responsibilities and Duties of an Estate Administrator

The role of an estate administrator is one that requires careful attention to detail, patience, and an understanding of both legal and financial matters. Here are some of the core responsibilities:

• Collecting and managing assets: The administrator must identify, gather, and protect the decedent’s assets, which can include real estate, bank accounts, personal property, and investments.
• Paying debts and taxes: The administrator is responsible for identifying any outstanding debts or taxes and ensuring they are paid using the estate’s funds. This includes federal and state taxes, as well as any debts owed to creditors.
• Distributing assets: After debts and taxes have been settled, the remaining assets are distributed to the beneficiaries, either according to the terms of the will or based on Georgia’s intestate succession laws.
• Maintaining records and reporting to the court: The administrator must keep accurate records of all transactions related to the estate and report regularly to the probate court.

Serving as an estate administrator is not a task to be taken lightly. The responsibilities can be time-consuming and emotionally draining, particularly during a period of grief.

This is why many families turn to professionals for assistance.

The Importance of Planning Ahead

Planning for the future may feel daunting, but creating an estate plan that includes naming an executor is one of the most important decisions you can make for your loved ones.

By clearly designating an executor in your will, you can avoid confusion and potential conflict after your passing.

Without a will, the court will have to step in and appoint someone to manage the estate, which can lead to delays and disputes among family members.

Additionally, when no executor is named, or when disputes arise over who should manage the estate, the court may appoint a neutral third party, such as a county administrator.

While this may ensure fairness, it can add extra costs and complexity to the probate process.

At the Wilbanks Law Firm, we believe in helping families plan for these situations before they become a problem.

By working with an experienced estate planning attorney, you can ensure that your estate is handled according to your wishes and with as little stress as possible for your loved ones.

Why Should I Choose a Professional or Neutral Administrator?

In some cases, it may be beneficial to appoint a professional or neutral third-party administrator, especially when family members cannot agree on who should oversee the estate.

A neutral party can help prevent disputes and ensure that the estate is managed fairly and efficiently.

Attorney Dylan Wilbanks has years of experience serving as both a probate attorney and Jackson County’s county administrator.

He understands the complexities involved in managing estates and can provide an impartial, experienced hand when needed.

Whether you are facing a dispute among family members or dealing with a complex estate, Dylan can guide you through the process and help ensure that the estate is handled properly.

Let the Wilbanks Law Firm Help with Your Estate Administration Needs

Navigating the probate process and managing an estate can be overwhelming, especially during a time of grief.

But you don’t have to face it alone. At the Wilbanks Law Firm, we are here to provide compassionate, clear, and knowledgeable guidance for families dealing with estate administration in Georgia.

Whether you need help appointing an administrator or handling the responsibilities of managing an estate, Attorney Dylan Wilbanks and his team are ready to help.

With years of experience in estate administration and a deep understanding of Georgia’s probate laws, we can ensure that your estate is managed efficiently and fairly.

Contact us today to schedule a consultation and let us help you through this challenging time. Call (706) 510-0000.