Georgia — How Probate Handles Unauthorized Charges to a Parent’s Estate

Short overview: If someone has charged estate property or estate accounts for unauthorized expenses after a Georgia resident’s death, the probate process provides ways to identify the charges, require an accounting, and seek repayment or other remedies. The estate’s personal representative (executor or administrator) has duties to collect assets, pay valid claims, and protect estate property. Interested persons (heirs, beneficiaries, and creditors) can object to improper charges, seek a surcharge or removal of the personal representative, and pursue civil (and sometimes criminal) remedies.

Key players and basic duties

• Personal representative: Appointed by the probate court to administer the estate. Duties include inventorying assets, paying legitimate debts, preserving estate property, and providing accountings to the court and interested persons.
• Interested persons: Heirs, beneficiaries named in a will, and known creditors who have the right to review accountings and challenge improper actions.
• Probate court: Supervises administration, approves accountings, resolves disputes, and can remove or surcharge a personal representative for misconduct.

What counts as an “unauthorized charge”?

Unauthorized charges include personal expenses paid from estate accounts, transfers of estate property to someone without court authority or beneficiary consent, inflated or unjustified fees paid to the personal representative or agents, and payments to fake or unproven creditors. Some payments are authorized (court-approved distributions, reasonable administration expenses, or allowed creditor claims). Others are not, and those can be reversed or recovered.

Probate steps that expose and address improper charges

1. Inventory and accounting: The personal representative must identify estate assets and provide an accounting to the court and interested persons. In Georgia this duty and the probate framework are governed by the Georgia Probate Code (Title 53). See Georgia Code, Title 53 for probate and fiduciary duties: https://law.justia.com/codes/georgia/2010/title-53/ or the Georgia General Assembly site: https://www.legis.ga.gov/.
2. Creditors’ claims: Probate provides a process for presenting and evaluating creditor claims. Properly presented claims may be paid; invalid claims should be denied. If unauthorized payments were made to fake or unproven creditors, those can be challenged in court.
3. Objections and petitions: An interested person can file written objections to an accounting, file a motion asking the court to surcharge (require repayment by) the personal representative, or petition to remove the personal representative for misconduct or mismanagement.
4. Discovery and evidence: The court can require production of bank records, receipts, invoices, and other documents. Interested persons can access records and use subpoenas if necessary to trace where funds went.
5. Remedies: If the court finds unauthorized charges, it can order repayment (surcharge), award interest, remove the personal representative, and authorize a civil action for breach of fiduciary duty or conversion. In cases of theft or fraud, criminal authorities might also be involved.

Typical procedural options in Georgia

Depending on how far along the estate is and what remedies you seek, common actions include:

• Requesting an informal or formal accounting from the personal representative.
• Filing written objections with the probate court to specific items in the account.
• Moving the court to surcharge the personal representative for unauthorized payments or negligence.
• Petitioning to remove the personal representative for cause (misconduct, incompetence, conflict of interest).
• Filing a separate civil lawsuit for breach of fiduciary duty or conversion if necessary.
• Notifying law enforcement if the conduct appears criminal (theft, fraud).

What you will need to challenge unauthorized charges

Collect documentation showing the estate’s assets and the questionable charges: bank statements, canceled checks, credit card statements, receipts, invoices, copies of the inventory and accountings filed in probate, and any communications with the personal representative. A clear timeline of transactions and copies of the will (if any) help the court determine what was authorized.

Timing and urgency

Act quickly. Probate and creditor deadlines, and the court’s approval of accountings, can finalize distributions. If unauthorized charges are allowed through a court-approved account, undoing them becomes more complicated. Contact the probate clerk to learn the schedule of hearings and filing deadlines in your case.

Where Georgia statutes apply

Georgia’s probate statutes appear in Title 53 of the Official Code of Georgia Annotated (O.C.G.A.). Title 53 explains fiduciary duties, inventories and accounts, creditors’ claims, and the court’s authority to supervise estate administration. For an accessible copy of Title 53, see: https://law.justia.com/codes/georgia/2010/title-53/ and the Georgia General Assembly website at https://www.legis.ga.gov/ for statutory text and legislative updates.

When to get an attorney

If the amount involved is significant, if the personal representative refuses to provide records, if you suspect fraud, or if the case involves complicated asset tracing, get a probate attorney. An attorney can draft objections, seek expedited court action, and handle discovery and litigation if needed.

Disclaimer: This article explains general Georgia probate concepts and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a qualified Georgia probate attorney.

Helpful Hints — Practical steps you can take now

• Request the estate accounting in writing from the personal representative. Keep a dated copy of your request.
• Collect and copy bank statements, checks, and bills that show the questionable transactions.
• Write a short timeline of the transactions you believe are unauthorized, with amounts and payees.
• File written objections with the probate court if the accounting has already been filed — follow the court’s local rules and deadlines.
• Ask the probate clerk where and when the personal representative must file inventory and accountings; attend hearings where distributions are authorized.
• Consider a temporary protective motion if estate assets are at risk of being dissipated or moved out of state.
• If the personal representative is uncooperative, consider petitioning the court for removal and appointment of a successor fiduciary.
• If you suspect criminal conduct, contact the county sheriff or district attorney after consulting counsel and preserving evidence.
• Don’t delay. Probate deadlines and distributions can limit available remedies later.