Detailed Answer
In Georgia, when a person dies without a will or the named executor fails to qualify, the probate court appoints an administrator under O.C.G.A. § 53-2-31 (Petition for Letters) and O.C.G.A. § 53-2-33 (Appointment of Administrator). The court must follow a strict list of priority:
- Surviving spouse (if no minor child of the decedent exists)
- Children and descendants of deceased children
- Parents of the decedent
- Siblings of the decedent
- Other next of kin
- Creditors (only if no family members qualify or apply)
A client who ranks lower on this list can obtain appointment only if each higher-priority person is unavailable or disqualified, declines, or fails to act within 30 days of notice. Under O.C.G.A. § 53-2-33(c) (see subsection (c)), if a person entitled to letters neglects or refuses appointment, the next person in line may petition.
Key Pathways to Overcome a Higher-Priority Heir
To secure an appointment when a higher-priority heir exists, your client must establish one or more of the following:
- Refusal or Neglect to Act: The higher-priority heir received proper notice but did not petition within 30 days.
- Disqualification: The heir is underage, nonresident (O.C.G.A. § 53-1-13), convicted of a felony within the past seven years, or otherwise legally unfit.
- Waiver or Renunciation: The heir formally signs a waiver or renunciation of their right to serve.
- Incapacity or Incapacitation: The heir is mentally or physically unable to perform duties.
Step-by-Step Process
- Confirm your client’s position on the priority list under O.C.G.A. § 53-2-33.
- Obtain proof of the higher-priority heir’s refusal, neglect, disqualification, or waiver (e.g., affidavit of service, court records, waiver document).
- Prepare and file a petition for appointment of administrator in the county probate court, detailing the order of priority and why higher-priority heirs are unavailable.
- Serve notice on any remaining interested parties as required by O.C.G.A. § 53-2-31.
- Attend the hearing, present evidence of refusal or disqualification, and request the court to grant letters of administration to your client.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Review the Official Code of Georgia Annotated (O.C.G.A.) Title 53, Chapter 2 for detailed rules on appointment and qualifications.
- Keep tracking of all service dates and filings; missing a deadline can forfeit priority rights.
- Collect clear documentary proof of any refusal, neglect, or disqualification by higher-priority heirs.
- Consider mediation if family members dispute priority to minimize delays and expenses.
- Consult probate court staff for procedural forms and local filing requirements.