Disclaimer: This article is for informational purposes only and does not constitute legal advice. Please consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a minor under Georgia law inherits assets or has an interest in a decedent’s estate, the probate court must appoint a responsible adult to manage those assets until the child turns 18. This appointment can take the form of a guardian of the minor’s estate or, in certain circumstances, a guardian ad litem. Below are the key steps and requirements under Georgia law.
1. Petition for Appointment of Guardian of the Minor’s Estate
- Who may petition: Any interested person, including the minor’s parent, personal representative of the estate, heir, or creditor, can file a petition in the probate court of the county where the estate is pending. [O.C.G.A. § 29-2-2](https://www.legis.ga.gov/ga-statutes/29-2-2).
- Contents of the petition: The petitioner must include the minor’s name and age, a description of the property or funds involved, and the reason a guardian is needed.
- Notice and hearing: The court sets a hearing and requires notice to the minor’s parents or legal guardian (if different) and other interested parties.
2. Bond, Inventory, and Court Supervision
- Bond requirement: Unless waived by the court, the guardian must post a surety bond to protect the minor’s assets. [O.C.G.A. § 29-2-5](https://www.legis.ga.gov/ga-statutes/29-2-5).
- Inventory and accountings: The guardian must file an inventory of the minor’s estate and periodic accountings with the probate court. [O.C.G.A. § 29-2-8](https://www.legis.ga.gov/ga-statutes/29-2-8).
- Powers of guardian: The guardian can invest, manage, and, if approved by the court, sell assets for the minor’s benefit until the minor turns 18.
3. Appointment of a Guardian ad Litem
- When it applies: A guardian ad litem (GAL) may be appointed when a minor’s personal interests in litigation or contested probate matters require independent representation. [O.C.G.A. § 9-11-17(g)](https://www.legis.ga.gov/ga-statutes/9-11-17).
- Role of GAL: The GAL investigates the minor’s interests, files reports or recommendations, and may participate in hearings, but does not take custody of assets like a guardian of the estate.
- Selection: The court appoints the GAL, often an attorney, when it finds no conflict of interest and the appointment serves the minor’s best interests.
4. Termination of Guardianship
- Automatic termination: A guardianship of the estate ends when the minor reaches 18 years of age.
- Early termination: The court may terminate a guardianship sooner if the estate’s value is fully distributed or the minor is emancipated.
Helpful Hints
- Begin the process early: Probate courts can take weeks to schedule hearings.
- Follow bond and accounting rules strictly to avoid court sanctions.
- Consider a guardian ad litem when disputes arise over the minor’s inheritance.
- Keep detailed records of all transactions and court filings.
- Consult an attorney experienced in Georgia probate and guardianship law.