Many issues arise when your last parent passes away if that parent does not have a will and has more than one child. Over 70% of the people pass away without a Will. Therefore, it is most likely your family will face this situation one day.
Sometimes, the most straightforward answer is to let the eldest child be the administrator. However, problems with the eldest child may cause them not to be the best choice. Under Georgia law, a majority of the heirs can select the administrator. However, court fights often ensue over who should be the administrator. While people harbor strong feelings about who should be in charge, there is a simple solution that makes the fight unnecessary. Also, it allows you to save your money and time for other issues that may arise during estate administration.
Each probate court in Georgia has an appointed county administrator. The judge selects this person to serve and represent estates otherwise unrepresented. These administrators are highly qualified, have taken an oath of office to do what is required of them under the law, and are paid the same amount as one of the family members serving as an administrator; it is generally 5% of the value of the estate, although the specific amounts vary depending on the kind of assets in the estate.. This independent person owes no allegiance to anyone and has an equal fiduciary duty to everyone. Most importantly, the county administrator knows the law and how to administer an estate.
Any heirs who serve as administrator naturally has a bias toward himself/herself, and possibly other heirs. This will inhibit the administrator’s ability to properly do his/her job. Therefore, usually, an easy answer is to ask the probate court to appoint its county administrator to handle your parent’s estate. The county administrator is bonded, ensuring an insurance company will cover the damage he committed if he does anything wrong. Second, he knows the probate procedures and will ensure they are handled properly and efficiently. Third, he is most interested in resolving the estate in as short a period as possible because his compensation depends upon determining the estate.
You can save time and money by challenging other issues that may arise during the probate of your parent’s estate. Many of those issues involve cash given to children previously, money loaned to or from a parent, jointly owned property between a parent and one or some of the children, and other issues. Only a court can resolve many of those issues, and saving your funds for that fight might be money well saved on the front side and well spent on the backside.
If you need any help with estate administration, please contact our lawyers at Hughes and Associates. They are all qualified to assist you with estate administration and matters.
