Effective Estate Administration requires the services of a competent personal representative. This individual receives their powers through the Probate court and has the sole authority to settle the Estate’s debts and distribute the remaining assets to the decedent’s heirs.
Because of the importance of this role, it is essential that you nominate representatives that are both able and willing to perform this service. At the same time, your loved one needs to understand their responsibilities under the law and what the Probate court will expect from them.
A Georgia Estate Administration lawyer can provide essential help concerning the role of personal representatives in Estate Planning. Our experienced attorneys at Nelson Elder Care Law can help you select effective representatives as well as assist these representatives when the time comes to Administer an Estate.
The Probate of your Will determines the rights of your heirs as well as the responsibilities of your personal representative. Generally speaking, you will nominate an individual to serve in this role. However, this is not a guarantee that the Probate court will accept this nomination.
Under the Official Code of Georgia § 53-7-1, a personal representative is a fiduciary towards the Estate and the heirs. As a result, the court must be sure that this party is able and willing to serve in this role. Whether a person is qualified to be a personal representative is one common source of conflict during the Probate process. Our Estate Administration attorneys in Georgia can help you select the best suited person for this important role.
Once a Probate court accepts your personal representative, it will issue that party letters testamentary. These are official legal documents that empower your loved one to act on behalf of both you and your Estate. These letters play a vital role in both the payments of debts as well as the distribution of property.
For example, the Estate administer may:
Performing these roles adequately under the law is essential for your personal representative. Failing to do so could see a Probate court removing a representative from this role. In the most extreme examples, members of the Estate may sue a representative for the value lost in the Estate due to mismanagement or embezzlement. Our Georgia lawyers at Nelson Elder Care Law can help representatives to fulfill their obligations under the law while administering your Estate.
Ensuring the effective administration of an Estate is the primary function of the state’s Probate courts. To this end, these courts have the sole ability to name personal representatives and empower them to administer an Estate. Ensuring that personal representatives properly serve in this role is a major concern for heirs and potential heirs alike.
A Georgia Estate Administration lawyer can help address your concerns and take appropriate legal action. Our team can also provide advice concerning your loved one’s roles in Probate as well as their obligations under the law. Contact Nelson Elder Care Law today to schedule an appointment.
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