Augusta Estate Administration Attorney
The process of having an administrator appointed is necessary when a person dies “intestate”, which mean without a will. Although almost anyone can be appointed administrator of an estate, the administrator is usually a close relative of the decedent, like a spouse or an adult child. The process of having an administrator appointed is similar to the probate process in that the probate court must appoint the administrator (much like appointing an executor when there is a will) to administer the estate according to the laws of the State of Georgia, as opposed to the terms of a will.
There is confusion as to the role the state plays in the distribution of a deceased’s assets when there is not a will. Many people are under the misconception that upon the death of someone who dies without a will, the state comes forward and decides who gets the deceased’s assets. That is not exactly the case. Each state has laws of descent and distribution which spell out who the heirs are and their rights of inheritance. These laws are usually logical, with the nearest of kin inheriting from the decedent. For instance, a spouse and children are going to be the heirs of the decedent and only in the event there is no surviving spouse or children, would other relatives like parents, brothers or sisters, or aunts and uncles inherit.
Stephen Hagler LLC, Attorney at Law has been creating wills, and assisting families in the process of probating or administering estates, and establishing guardianships and conservatorships since 1991. Please give him a call and he will be glad to meet with you and answer any questions you may have.