Detailed Answer
Under Georgia law, a personal representative must prepare an accounting that lists all estate receipts, expenses, fees, and distributions. Any “interested person” – including heirs, beneficiaries, and creditors – may demand that this account be filed with the probate court and served on all interested persons. See O.C.G.A. § 53-12-218 (Demand for Account) and O.C.G.A. § 53-12-219 (Notice of Account).
To obtain a copy:
- File a written demand in the probate court where the estate is open. The demand must identify the estate and your status as an interested person.
- The personal representative then has 60 days to file the account with the court clerk and mail or deliver copies to all interested persons.
- If you do not receive a copy, you may ask the court clerk for the filed account or file a motion to compel production under O.C.G.A. § 53-12-223.
If the personal representative fails to comply, the court can order them to file the account and may remove or surcharge them for any misconduct or delay.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified Georgia probate attorney for guidance specific to your situation.
Helpful Hints
- Confirm your status as an “interested person” by reviewing the probate court’s notice.
- Keep copies of your written demand and any correspondence with the personal representative.
- Check the probate court’s docket or clerk’s office for filed accountings if you haven’t received a copy.
- If you spot unexplained transactions or high fees, consider consulting an attorney or certified public accountant.
- Act promptly: Georgia law sets strict deadlines for demanding and filing accountings.