Who Controls the Estate After Death in Georgia? (Understanding the Roles of Executor, Administrator, and Personal Representative)

When a loved one passes away, questions like “Who controls their money, house, and assets?” can add stress to an already emotional time. Whether or not your loved one left a will, the State of Georgia has clear laws about who is legally allowed to manage and distribute their estate.

In this guide, we break down the difference between an Executor and an Administrator, what powers they hold under Georgia probate law, and how to avoid mistakes during the estate administration process.

Who Can Legally Control the Estate in Georgia?

Under Georgia law, the authority to manage a deceased person’s estate depends on whether they left a valid Last Will and Testament.

If There Is a Will: The Executor

The Executor is the person named in the Will to manage the estate. They are responsible for handling all assets, debts, and distributions as outlined in the Will. But before they can act, they must be officially appointed by the Georgia probate court.

Legal Reference: Georgia Code Ann. § 53-5-2 : Once appointed, the court issues Letters Testamentary, granting the executor legal authority to begin administering the estate.

If There Is No Will: The Administrator

When someone dies intestate (without a Will), the court appoints an Administrator to manage the estate. This person may be a family member or even a creditor, depending on the situation.

Legal Reference: Georgia Code Ann. § 53-6-50: The probate court uses the following priority list to determine who should serve as Administrator:

• Surviving spouse (unless a divorce was pending)

• Person chosen by majority of heirs

• Any eligible adult

• Creditor of the estate

• The county administrator (as a last resort)

Once approved, the court issues Letters of Administration, authorizing the administrator to act on behalf of the estate.

What Is a Personal Representative?

In Georgia, both Executors and Administrators are legally referred to as Personal Representatives. They must:

• Take an oath before the court

• Fulfill fiduciary duties

• Follow all state probate laws

Whether appointed by a Will or the court, the Personal Representative plays a key role in the estate process.

Duties of a Personal Representative in Georgia

Whether you’re named as an Executor or appointed as an Administrator, Georgia law outlines specific responsibilities:

1️⃣ Identify and Collect All Assets

The first job is to gather all property owned by the deceased.

Types of Assets:

A. Probate Assets:
Assets that go through probate because they are solely owned and have no beneficiary listed. Examples:

• Are titled solely in the deceased person’s name

• Have no designated beneficiaries
  Examples include:

• Bank and investment accounts

• Real estate

• Vehicles

• Personal property (furniture, jewelry, etc.)

B. Non-Probate Assets:
Assets that bypass probate and go directly to a co-owner or named beneficiary. Common examples:

• Joint accounts (with right of survivorship)

• Life insurance policies

• Retirement accounts with named beneficiaries (IRA, 401(k), etc.)

• Assets held in a trust
  
  ⚠️ Important Note: Not all jointly owned assets automatically bypass probate. Georgia law requires the right of survivorship to be clearly stated on the title or deed.

2️⃣ Sell or Manage Estate Property (If Necessary)

If needed, the Personal Representative can:

• Sell property

• Lease or rent real estate

• Liquidate assets

These actions must be:

• Authorized by the Will, or

• Permitted by Georgia law, or

• Approved by the court (either at the time of appointment or through a separate petition)

Selling real estate often requires specific court approval, even if the Will gives broad powers, especially if there are disputes among heirs.

3️⃣ Pay All Valid Debts and Taxes

Before anything is distributed, the Personal Representative must:

• Notify known creditors

• Publish a notice to creditors (for at least 4 weeks)

• Allow a 3-month claims period

• Pay valid debts, taxes, and administration costs (credit card bills, mortgages or loans, medical bills, state and federal taxes)

4️⃣ Distribute Remaining Assets to Heirs or Beneficiaries

Once all debts and expenses are resolved:

• If there’s a Will, the estate is distributed according to its terms

• If no Will, the estate is distributed according to Georgia intestate succession laws, based on a hierarchy of legal heirs (spouse, children, parents, etc.).

5️⃣ File Reports with the Probate Court

Personal Representatives must maintain accurate records and may need to file:

• An Estate Inventory (list of all assets)

• Annual Returns (a yearly report of transactions)

• A Final Accounting before being discharged

These reports can sometimes be waived if all heirs agree and the Will or court permits it, but they’re required by default.

6️⃣ Close the Estate

After all tasks are complete, the Personal Representative files a Petition for Discharge. If approved:

• The court issues an Order of Discharge

• The Personal Representative is officially released from their duties

• Any bond posted is also released

Timeline Tip: Probate in Georgia typically takes 6 to 12 months, but can take longer if contested or complex.

Legal Consequences for Misconduct

1. Acting Without Court Appointment (Executor de Son Tort)

According to OCGA § 53-6-2, anyone who takes control of a deceased person’s property without court approval or legal authority is considered an executor de son tort, and can face serious legal penalties, and may be:

• Sued by the real Executor or Administrator

• Ordered to return the property

• Liable for double the value of the property wrongfully taken

• Responsible for profits gained from using the estate property

2. Mismanaging the Estate as Personal Representative

If an appointed Executor or Administrator fails to act in good faith, the probate court may:

• Remove them from office

• Reduce or deny their compensation

• Order repayment for any financial losses

• Prohibit them from making further estate decisions

Should You Hire a Georgia Probate Attorney?

Handling an estate can be overwhelming, especially for first-time Executors or Administrators. Mistakes can be costly and legally damaging. That’s why hiring a knowledgeable Georgia probate lawyer can help guide you through the process and avoid delays.

📞 Contact a Georgia Probate Attorney Today

At Thompson Mungo Firm, we assist clients across Georgia with estate administration, probate filings, and protecting their rights as personal representatives. Let us confidently help you through the probate process.

👉 Call us today at 678-855-6002 to schedule a consultation.

🔍 Frequently Asked Questions

Q: Can the executor sell property without permission?
A: Only if the Will or court order grants that authority.

Q: Do I need a lawyer to file probate in Georgia?
A: It’s not legally required, but highly recommended to avoid costly errors.

Q: What if someone dies without a will in Georgia?
A: The estate goes through intestate succession, and a court-appointed administrator will handle the estate.

Q: Do I have to open probate if there’s a Will?
A: Yes. A Will must be submitted to the probate court for legal effect.

Q: Can an executor sell property without court permission?
A: Only if the Will or a court order grants that authority.

Q: Can I be sued if I manage an estate without court approval?
A: Yes. You can be held personally liable as an executor de son tort.