Detailed Answer

This guide explains, in plain language, how to ask a Georgia probate court to require an executor or administrator to produce an accounting of estate assets, receipts, and expenditures during probate. It assumes no prior legal knowledge and uses general, commonly occurring facts.

What an accounting is

An accounting is a formal, itemized record showing what property the estate had, what the fiduciary (executor or administrator) collected or paid out, and what remains. It commonly includes bank statements, sales, distributions, fees, taxes, and expenses. An accounting allows beneficiaries, heirs, and creditors to verify the fiduciary handled estate assets properly.

When you can ask for an accounting in Georgia

Under Georgia probate law (see O.C.G.A., Title 53 — Wills, Trusts, and Administration of Estates), a personal representative has duties to inventory and manage estate assets and to report to the court. Interested persons (beneficiaries, heirs, or creditors) generally have the right to request and review formal accounts. If the personal representative does not volunteer clear records, you can ask the probate court to require a formal accounting or to compel production of documents supporting the administration.

How to ask the court for an accounting

1. Identify your status: To ask the court for an accounting you must be an interested person — typically a named beneficiary under the will, an heir at law, or a creditor with a claim. If you are unsure, ask the probate clerk or a lawyer whether you qualify as an interested party.
2. Request records informally first: Send a written request to the executor or administrator asking for an inventory, interim accountings, bank statements, and receipts. Keep copies and proof of delivery. Courts favor parties who try to resolve disputes without litigation.
3. File a formal petition with the probate court: If the informal request does not produce adequate records, you can file a petition in the probate court that opened the estate asking the judge to order the fiduciary to file an account or to compel production of records. The petition must identify the estate, the fiduciary, the relief requested (for example: order to file an accounting, to file a verified inventory, or to permit discovery), and the reasons you believe an accounting is necessary (e.g., missing records, suspected mismanagement, unexplained expenses).
4. Request interim or final accountings: You can ask for an interim accounting (to see activity so far) while the estate is still open, or a final accounting at the close of the administration. Georgia courts may require the fiduciary to file accounts at certain stages or when the court deems them necessary.
5. Attend the hearing: The court will set a hearing. Bring copies of your informal requests, any communications from the fiduciary, and any documents you already have. The court can order the fiduciary to file a formal, sworn accounting and to produce supporting documents.

What an accounting must contain (what to expect)

A typical accounting shows:

• Beginning estate inventory (what the estate owned when administration began).
• All receipts collected by the fiduciary (rents, sale proceeds, insurance proceeds, bank interest, etc.).
• All disbursements (payments for debts, funeral costs, taxes, administration expenses, distributions to beneficiaries, fiduciary fees if approved).
• Assets remaining at the accounting date and how they are valued.
• A verification or oath by the fiduciary that the account is complete and accurate.

If the fiduciary refuses or produces an inadequate accounting

The court has several remedies. A judge can order the fiduciary to file an accounting, produce supporting documents, or appear under oath. If the fiduciary still refuses or the accounting shows mismanagement, the court can surcharge the fiduciary (hold them financially responsible), remove the fiduciary, or refer matters for criminal investigation if theft or fraud is suspected.

Timing and practical considerations

Some estates take months or years to administer. Georgia law allows courts discretion to require accountings at intervals or at final settlement. If the estate is small or administration is simple, the court may accept a simple final accounting. If there are disputes or potential conflicts, expect the court to require more detail.

Costs and who pays

The estate typically pays ordinary administration costs, including reasonable fees for attorneys or accountants hired to prepare an accounting. If a beneficiary unreasonably forces unnecessary proceedings, the court may order that person to pay costs. Conversely, if the fiduciary acted improperly, the court may order the fiduciary to pay costs personally.

Where to find the controlling law

Georgia statutes on wills, trusts, and administration are in the Official Code of Georgia Annotated (Title 53). For the general law governing fiduciary duties, inventories, and administration procedures, see the OCGA, Title 53: O.C.G.A. Title 53. For local procedures and forms, contact the probate court that opened the estate or visit the Georgia Courts website: Georgia Courts.

When to get a lawyer

Consult an attorney if you suspect misappropriation, if large sums are involved, if the fiduciary resists court orders, or if you are unsure how to file a petition. A lawyer experienced in Georgia probate law can draft the petition, handle court hearings, and advise whether removal or surcharge is appropriate. If you only want to review records, an initial consultation or limited-scope representation may be enough.

Bottom line: Yes — if you are an interested person in a Georgia probate case, you can ask the probate court to require an accounting. Start by requesting records from the fiduciary, and if that fails, file a petition in probate court asking the judge to compel a formal accounting and production of supporting documents. The court can enforce orders, impose sanctions, and protect the estate and beneficiaries.

This is an overview only. It does not replace advice from a Georgia-licensed attorney. For statutes, procedures, or specific case guidance, consult the probate court or an attorney.

Helpful Hints

• Start with a written, dated request to the executor or administrator and keep a copy.
• Ask for a formal inventory and any interim accountings, plus bank statements and receipts for expenses.
• Know your status: only interested persons (beneficiaries, heirs, creditors) can usually force an accounting.
• Be specific in court petitions: state what records are missing and why an accounting is necessary.
• Keep deadlines in mind: probate courts have rules for notice, filing, and hearings — check with the clerk.
• Document everything: emails, letters, checks, and communications can help prove missing or improper transactions.
• If the fiduciary has already filed an inventory or account, review it carefully and note discrepancies before the hearing.
• Consider mediation for disputes before asking the court to intervene — it can save time and money.
• If the issue is criminal (theft or fraud), contact local law enforcement or prosecutors in addition to the probate court.
• Use the Georgia Courts website and your local probate court clerk as resources for forms and procedural guidance: https://www.georgiacourts.gov/

Disclaimer: This article provides general information about Georgia probate procedures. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a Georgia-licensed probate attorney.