What to do if an estate administrator in Georgia becomes unresponsive or refuses to distribute assets

Short answer: Heirs in Georgia can request an accounting, file petitions in probate court to compel distribution, move to remove or surcharge the administrator, request appointment of a special administrator, and pursue contempt or breach-of-fiduciary-duty remedies. These options generally require filings in the probate court that is handling the estate.

Detailed answer — step-by-step options under Georgia law

When an administrator (also called an executor if named in a will) is unresponsive or refuses to distribute estate assets, beneficiaries have several tools in Georgia probate court because administrators owe fiduciary duties to the estate and its heirs. Below are typical steps heirs can take, why each step matters, and where to find the governing law.

1. Confirm authority and check the probate file

Before taking formal action, check the probate court file where the estate was opened. The probate court file will show the administrator’s appointment, any letters of administration or letters testamentary, filed inventories, accountings, and court orders. You can obtain certified copies from the probate clerk. If the administrator lacks authority or the court has limited authority, that may explain inaction.

2. Ask for an accounting (informal demand, then formal petition)

An administrator must account to beneficiaries for estate assets, receipts, disbursements, and distributions. Start by making a written demand for an accounting. If the administrator ignores that demand, beneficiaries can file a petition in probate court asking the court to order a formal accounting. The court can require the administrator to produce records and explain actions taken.

See Georgia probate rules and Title 53 (Property) concerning duties of personal representatives for guidance: O.C.G.A. Title 53.

3. Petition the court to compel distribution

If the estate is ready for distribution (debts paid or adequate provision made) and the administrator refuses to distribute, beneficiaries can file a petition asking the probate court to order distribution pursuant to the will or intestacy law. The court may direct the administrator to distribute specific assets or make distributions on a set schedule.

4. Request removal of the administrator

Georgia law allows removal of an executor/administrator for cause — including neglect of duty, misconduct, incompetence, or refusal to perform duties. A petition to remove should present facts showing why the administrator should no longer serve. If the court removes the administrator, it can appoint a successor administrator or special administrator to finish estate administration.

5. Ask the court to surcharge or hold the administrator liable

When an administrator wastes, misapplies, or improperly withholds estate assets, beneficiaries can ask the court to surcharge (financially penalize) the administrator for losses caused by mismanagement or breach of fiduciary duty. The court can require repayment, plus possible removal and other remedies.

6. Request appointment of a special administrator or successor

If immediate action is needed to protect assets, beneficiaries can ask the probate court to appoint a special administrator with limited authority to marshal assets, preserve property, or distribute funds. The court can also appoint a successor personal representative if the current administrator is removed or resigns.

7. Use contempt or enforcement motions if the court has already ordered distribution

If the probate court has already ordered the administrator to act and the administrator disobeys, beneficiaries can ask the court to hold the administrator in contempt. Contempt remedies can include fines or other enforcement measures to compel compliance.

8. Consider civil claims for breach of fiduciary duty

In addition to probate remedies, heirs may have a civil action against an administrator for breach of fiduciary duty, conversion, or other torts if the administrator improperly took or withheld estate property. These claims can be pursued in superior or probate court depending on the matter and remedies sought.

9. Get legal help and preserve evidence

Collect and preserve communications, bank statements, inventories, and any court filings. Consult a lawyer who handles Georgia probate matters if the administrator resists court orders or the situation is complex. An attorney can draft petitions, represent you at hearings, and explain statute-based deadlines and court procedures.

Key Georgia law references

General statutes on estates and administration are in O.C.G.A. Title 53 (Property). That Title includes the probate procedures, powers, and duties of personal representatives and beneficiaries.
Probate court local rules and forms (procedures differ by county). Check your county probate court website or the Georgia Courts site: georgiacourts.gov.

Typical timeline and what to expect

Procedures can move quickly or slowly depending on the facts. Simple petitions (ordering an accounting or compelling distribution) may be handled within weeks to months; contested removal or surcharge actions often take longer and may involve discovery. If assets are at risk, ask the court for emergency relief (temporary or special administrator) to protect estate property.

Helpful hints

Document everything: save emails, texts, letters, and notes of phone calls with the administrator.
Start with a written demand for an accounting and distribution before filing petitions — courts appreciate attempts to resolve disputes without litigation.
Check the probate docket and file: it contains inventories, petitions, and any existing court orders that control the administrator’s duties.
If you believe assets are being stolen or hidden, raise the issue with the court immediately and consider requesting a temporary/special administrator to secure property.
Be aware of deadlines and statute of limitations for certain claims (a lawyer can explain timing for surcharge or tort claims).
Costs and fees: the estate may pay for reasonable court-ordered attorney fees and costs, but confirm with counsel and the court.
Consider mediation or settlement if disputes are primarily about division or valuation of assets — courts often encourage alternative dispute resolution to save time and expense.

Disclaimer: This article explains general Georgia probate concepts and is for educational purposes only. It is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Georgia attorney.