How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Georgia’s probate statutes (Title 53 of the Georgia Code), an estate administrator (also called a personal representative) must marshal assets, pay valid claims and expenses, then distribute the remainder to beneficiaries. If an administrator delays or refuses to distribute your inheritance, you can take the following steps.
- Review court filings and demand an accounting. Within six months of qualification, administrators must file an inventory and an account of receipts and disbursements. See O.C.G.A. § 53-1-11. If no accounting arrives, send a written demand.
- Petition for an order compelling distribution. Once creditor claims have been resolved and six months have passed, you may ask the probate court to order distribution of remaining assets. Beneficiaries may file a petition for distribution under the same statute (O.C.G.A. § 53-1-11).
- Move for surcharge or removal. If the administrator mismanages funds or unreasonably refuses to act, you can petition to surcharge (hold them financially liable) or remove them. Grounds and procedures appear in O.C.G.A. § 53-1-15 (surcharge) and O.C.G.A. § 53-1-13 (removal for cause).
- Request a court hearing. If informal demands fail, file a petition in the probate court that appointed the administrator. Ask the judge to schedule a hearing on your petition for accounting, surcharge or removal.
- Enforce the court’s order. If the court orders distribution or surcharge, but the administrator continues to delay, you can request writs of execution or garnishments to enforce payment.
Throughout this process, keep copies of all filings and correspondence. Meeting filing deadlines and providing proper notice to other interested parties helps ensure your petitions succeed.
Helpful Hints
- Check the original probate order for deadlines to file petitions.
- Keep detailed records of all communications with the administrator.
- Consider joining with other beneficiaries to share costs and strengthen your petition.
- Attend probate hearings in person or via video if available to show your commitment.
- Be prepared to propose an alternate administrator if removal becomes necessary.