Detailed Answer — How to ask the Georgia probate court to reconsider letters of administration and remove the administrator

Short answer: if another person was issued letters of administration but you believe you are the proper person to serve (for example, you are the sole heir), you can ask the probate court that issued the letters to (1) require the administrator to account for the estate, (2) revoke or terminate the letters for cause, and (3) appoint you as administrator. To do that you will usually file one or more pleadings asking the court to (a) compel an accounting, (b) remove the administrator for cause or incapacity, and (c) appoint a successor administrator. You should act promptly and follow Georgia probate procedure and notice rules.

Grounds the court will consider

The court may reconsider or revoke letters of administration if the current administrator is failing to perform duties, is breaching fiduciary duties (misappropriating assets, wasting estate property, hiding assets), is incapacitated, convicted of crimes affecting estate administration, is unfit, or otherwise fails to comply with the court’s orders. The court also looks at priority of appointment: a surviving spouse or intestate heirs typically have priority to serve. If you are the sole heir, that fact weighs strongly in your favor unless there is a lawful reason to refuse your appointment.

Steps to take — practical checklist

1. Get the file and confirm the letters. Visit or contact the probate court clerk where the estate was opened. Obtain a copy of the petition, the order issuing letters of administration, the letters themselves, any bond, the inventory (if filed), and docket entries. Knowing what the court already knows is essential.
2. Identify interested parties. Georgia probate proceedings require notice to heirs, creditors, and other interested persons. Make a list of who must be notified if you file a motion or petition.
3. Gather evidence. Collect bank statements, cancelled checks, receipts, correspondence, missing property descriptions, witness statements, or other documents showing mismanagement, conversion, or failure to act. If the administrator has not filed an inventory or accounting as required, note that.
4. File a petition with the probate court. Typical pleadings include:
   • Petition for citation for administration or petition to compel an accounting (ask the court to require the administrator to disclose estate assets and transactions).
   • Petition to revoke or terminate letters of administration and to remove the administrator for cause.
   • Alternative request for appointment of a temporary administrator or for appointment of you as successor administrator.
5. Request interim or emergency relief if needed. If you reasonably fear immediate dissipation of estate assets, ask the court for temporary injunctive relief, an order freezing certain accounts, or appointment of a temporary administrator while the court resolves the dispute.
6. Serve notice and attend the hearing. Follow the probate court’s rules for serving the current administrator and other interested persons. Be prepared at the hearing to explain your status as sole heir, present the evidence of mismanagement (if any), and explain why you are a better fit to serve.
7. If removed, ask for a full accounting and turnover. If the court removes the administrator, also ask the court to order a complete accounting, turnover of estate assets, and, where appropriate, surcharge or other remedies for losses caused by the administrator’s misconduct.
8. Consider settlement or mediation if appropriate. Sometimes disputes can be resolved by negotiation or by asking the court to refer the parties to mediation, which is often quicker and less costly than contested litigation.

What the court will require from you

Be ready to show (1) your relationship to the decedent and proof you are the sole heir (death certificate, family records, heirship affidavit), (2) precise facts supporting removal (missed filings, missing funds, neglect, refusal to account), and (3) that you are qualified and able to post bond if the court requires a bond for administrators.

Legal authorities and where to look

Georgia probate practice and the Official Code of Georgia Annotated (O.C.G.A.) govern who the court may appoint and how administrators must act. For text and local procedure, consult the Georgia Code and the local probate court’s rules and forms. Start here: Georgia Code (browse Title 53 and related probate provisions) — https://www.legis.ga.gov/georgia-code. For court-specific filing rules and contact information, use the Georgia Courts site — https://www.georgiacourts.gov/.

When removal might not succeed

The court will not remove an administrator simply because you prefer to be appointed. You must show legal cause (breach of duty, incapacity, conflict of interest, failure to file required reports). If the administrator has acted properly, filed inventories and accountings, and followed court direction, the court may deny removal even if you are the sole heir.

Practical timeline and tips

• Act quickly. If you discover mismanagement, file your petition promptly so evidence and assets are preserved.
• Probate courts vary by county. Local clerks can explain filing requirements and typical hearing timelines.
• If you are appointed, expect to post a fiduciary bond in many cases and to file inventories and periodic accountings as required by the court.

Important: This explanation is educational only and is not legal advice. A local probate attorney can review your case, prepare filings, and represent you at hearings.

Helpful Hints

• Obtain certified copies of the death certificate and the letters of administration from the probate court file.
• Ask the probate clerk for required forms and local rules before you draft a petition — many counties have form petitions for accountings, removal, or appointment.
• Document everything: dates, conversations, transactions, and missing property. Judges rely on documented facts.
• If an administrator refuses to provide basic information, file a petition to compel an accounting immediately.
• If you fear asset dissipation, request emergency relief asking the court to freeze specific bank accounts or to appoint a temporary administrator.
• Be prepared to post bond if you seek appointment; bonds protect the estate against misconduct by administrators.
• Talk to a Georgia probate attorney for procedural help. If cost is a concern, the State Bar of Georgia provides lawyer referral services: https://www.gabar.org/.
• Check the Georgia Code and your local probate court’s website for statutes and procedural guidance: https://www.legis.ga.gov/georgia-code and https://www.georgiacourts.gov/.

Disclaimer: This article explains general Georgia probate concepts and procedural steps. It is not legal advice. For advice about your specific situation and to prepare court filings, contact a licensed Georgia attorney.