Administrator of Estate in Georgia: Who They Are and What They Do

When a Georgia resident passes away without a valid will, their estate cannot manage itself. Someone must step in — and do so with legal authority — to locate and secure assets, notify creditors, pay outstanding debts, and distribute what remains to the rightful heirs. That person is the administrator of the estate: a court-appointed fiduciary who fills the role that an executor would fill in a testate estate, but without the benefit of a will to guide the process.

Understanding who can serve as administrator, how the appointment works, what the position requires, and where the limitations and risks lie is essential for any family navigating an intestate estate in Georgia.

What Is an Administrator of Estate?

An administrator of estate in Georgia is a person appointed by the probate court to manage and settle the affairs of someone who died intestate — without a valid will. Unlike an executor, who is named by the testator in the will and confirmed by the court, an administrator is selected through a court process guided by Georgia's statutory priority system.

Once appointed, the probate court issues Letters of Administration — the official document that gives the administrator legal authority to act on behalf of the estate. Without Letters of Administration, no individual has the authority to access the decedent's accounts, manage their property, or take any legal or financial action on the estate's behalf. Banks, brokers, title companies, and government agencies require Letters of Administration before releasing any information or allowing any transactions.

Who Has Priority to Serve

Georgia law establishes a preference order for who may be appointed administrator under O.C.G.A. § 53-6-20. The heirs may unanimously agree on who should serve, in which case the court will generally honor that selection. If there is no agreement, the court makes the appointment based on the following priority:

The surviving spouse has first preference, except when a divorce or separate maintenance action was pending at the time of death. Adult children come next, followed by parents, siblings, and other heirs in order of relationship. If no family member is willing or eligible to serve, a creditor of the estate or another interested party may petition, and in some situations the court may appoint a neutral professional administrator or a county administrator.

The administrator must be an adult, of sound mind, and legally capable of serving in a fiduciary role. Georgia law requires bond as a condition of appointment for intestate estates — meaning the administrator must obtain a surety bond from a bonding company before the court will issue Letters of Administration. All heirs may waive the bond requirement in writing, and the court may waive it in some circumstances, but the default in intestate estates is that a bond is required.

Petitioning for Appointment

To begin the formal process, the person seeking appointment files a Petition for Letters of Administration with the probate court in the county where the decedent lived. The petition provides information about the decedent, identifies the known heirs and their relationship to the decedent, and identifies the proposed administrator.

After the petition is filed, heirs who did not consent to it must receive formal notice and have a minimum of 30 days to file a caveat — a formal objection to the appointment. If no objections are filed and the bond is posted, the court appoints the administrator, administers the oath, and issues Letters of Administration.

When there is disagreement among heirs about who should serve, the court may hold a hearing. The court's standard is to make the appointment that will best serve the interests of the estate — which sometimes means appointing a neutral third party rather than a family member who has a conflict of interest or whose appointment is contested.

The Administrator's Duties

An administrator carries the same fundamental responsibilities as an executor, operating under greater court oversight.

After receiving Letters of Administration, the administrator must publish a notice to creditors in the county's official legal newspaper within 60 days, notifying potential creditors of the estate's opening and establishing the three-month window for filing claims. Known creditors should also be notified directly.

The administrator must then identify and secure all estate assets — bank accounts, investment accounts, real estate, personal property, vehicles, and any other property titled in the decedent's name. An inventory must be prepared and filed with the probate court, documenting each asset and its value. Professional appraisals may be required for real estate, business interests, or unusual personal property.

Throughout the administration period, the administrator manages and preserves estate assets — maintaining insurance on real property, collecting income owed to the estate, and preventing loss or deterioration of any asset.

Once the creditor claims period has closed, the administrator pays all valid debts in the priority order specified by Georgia law. Final income tax returns must be filed. If federal estate taxes apply, the administrator coordinates with the estate's attorney or accountant to meet that obligation.

After all debts and expenses are resolved, the administrator distributes remaining assets to the heirs according to Georgia's intestacy laws. In a typical intestate Georgia estate, the surviving spouse and children share, with more specific rules governing the proportions depending on family composition. The administrator must document each distribution and file a final accounting with the probate court before petitioning for discharge.

Greater Court Oversight Than for Executors

Unlike an executor administering a testate estate with broad testamentary powers, a Georgia estate administrator often has more limited authority and must obtain court approval before taking significant actions — such as selling real estate or personal property — unless all heirs agree to waive those requirements. This additional oversight is a feature of intestate administration, designed to protect heirs when no will established the decedent's own chosen representative with testamentary powers.