Petition for Temporary Letters of Administration in Georgia
Much like the name suggests, a petition for temporary letters of administration offers a temporary solution.
The authority of the Georgia temporary administrator is very restricted. The temporary administrator’s power is generally contained to collecting and protecting the assets of the estate. This remains their responsibility until an executor or permanent administrator can be appointed.
An example of their limitations is that the temporary administrator cannot sell or distribute estate property except in very limited circumstances. Even in those limited circumstances, the probate court must first give its approval to the temporary administrator to do so.
Benefits of Filing a Petition for Temporary Letters of Administration
This probate petition is very useful when there is an immediate and urgent need to have someone appointed to take control of the estate’s assets.
It is usually a preliminary petition and is almost always followed by a petition for letters of administration or a petition to probate a will (in either common or solemn form).
Process
There are several ways to select a temporary administrator. Usually, in cases of a will being present, the named executor will be selected. Or if there is no will then the person selected by a majority of the heirs will have priority consideration.
This probate petition is designed for use in emergency situations. Therefore, in most situations, neither the probate court nor the petitioner is required to notify any of the heirs or beneficiaries when it is filed. Please note that some Georgia probate courts still require heirs to be notified regarding the petition for temporary letters of administration.
The probate court also has authority to appoint a temporary administrator without a hearing.
Any person seeking appointment is required to post a bond with the probate court in order to be appointed as administrator. The temporary administrator is required to file an inventory showing all of the estate’s assets. This inventory is due shortly after they have been appointed.
Also, the temporary administrator must file an annual return each year, which lists all of the estate’s income and expenses. As you may already note, these requirements are very similar to those of a permanent administrator.
We’re Ready to Help.
A temporary administrator is very useful when a bank is trying to foreclose on a home, when others are taking estate property, or when your loved one owned a business. This is especially true when your loved one had a business with a partner.
Our office assists families with such issues to make certain that the estate is protected and that everything is done right.
Use the form below or call our office at (770) 920 6030 to request your consultation.
