Detailed Answer

Overview of Removing a Personal Representative in Georgia

In Georgia, a personal representative (PR) administers an estate according to the will or Georgia probate law. If a PR mismanages assets, an interested party—such as a beneficiary, heir, or creditor—may petition the probate court to remove and replace that individual. This process is governed by the Georgia Code §§ 53-6-90 and 53-6-91 (O.C.G.A. §§ 53-6-90 to 53-6-91).

Grounds for Removal

Misapplication of Assets: Converting estate assets for the PR’s own use.
Neglect or Refusal to Act: Failing to marshal assets, pay debts, or file necessary accountings.
Conflict of Interest: Entering transactions that benefit the PR at the estate’s expense.
Incapacity or Unfitness: Mental incompetence or other inability to perform duties under O.C.G.A. § 53-6-91.

Step 1: Confirm Standing to Petition

Under O.C.G.A. § 53-2-33, “interested parties” include beneficiaries named in the will, heirs at law, and creditors. Ensure you have documentation showing your interest, such as a copy of the will or proof of relationship.

Step 2: Prepare and File the Petition

Draft the Petition: State your interest, describe the PR’s misconduct, and cite O.C.G.A. § 53-6-91 for removal. Include a request to appoint a successor PR.
File with Probate Court: File the petition in the county where probate is pending. Pay the filing fee, which varies by county.
Attach Exhibits: Provide evidence such as bank statements, accountings, or correspondence showing mismanagement.

Step 3: Serve Notice on All Interested Parties

Georgia law mandates notice to all heirs, beneficiaries, and the PR. Serve the petition and a notice of hearing at least 21 days before the hearing date. Follow O.C.G.A. § 53-6-91 notice requirements to avoid delays.

Step 4: Attend the Court Hearing

At the hearing, both sides present evidence. The petitioner must prove by a preponderance of the evidence that removal serves the estate’s best interests. The PR may defend by showing proper accounting or rebutting allegations.

Step 5: Court’s Decision and Successor Appointment

Removal Order: If the court finds cause, it will enter an order removing the PR.
Successor PR: The court will appoint a successor—often the next priority listed in O.C.G.A. § 53-6-20.
Accountings and Turnover: The removed PR must file a final accounting and turn over estate assets to the successor within a court-defined deadline.

Potential Liability and Recovery

A removed PR may face surcharge for losses caused by misconduct. Beneficiaries can seek monetary recovery through a surcharge action under O.C.G.A. § 53-6-300 et seq. Consult a Georgia attorney to evaluate claims.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney for guidance.

Helpful Hints

Gather all communication and financial records before filing.
Hire a Georgia probate attorney early to avoid procedural mistakes.
Confirm all beneficiaries and heirs are properly notified.
Attend mediation if the court offers settlement conferences.
Keep detailed records of all court filings and orders.