Posted On: October 26, 2008 by Kasey Libby

WHAT ARE YOUR ‘FIDUCIARY DUTIES’ AS EXECUTOR OR ADMINISTRATOR OF THE GEORGIA ESTATE?

An executor or administrator is appointed by the GA probate court to perform the same administrative responsibilities when there is no Georgia will, the Georgia will fails to name an executor or no executor named in the GA will cannot or elects not to serve. Whether you are an executor or administrator, you must perform these important fiduciary duties imposed on you under GA probate law and in accordance with Title 53 of the Official Code of Georgia Annotated (O.C.G.A.), which governs “Wills, Trusts, and Administration of Estates.” Title 53 of Official Code of Georgia Annotated imposes significant and strict fiduciary duties and lofty legal obligations on the executor or administrator to the estate, beneficiaries, heirs, GA probate court and other “interested parties”.

These important legal obligations often have severe consequences if not performed in accordance with GA probate law and the fiduciary duties and executor or administrator has and the “personal representative” of the estate. By way of quick definition, GA probate law refers to both an executor and administrator the personal representative. In the alternative of performing all of the these extensive and burdensome fiduciary duties and administration obligations on their own, many executors or administrators retain an experienced GA probate law firm to guide them through their duties, obligations and to perform their fiduciary duties in accordance with GA probate law.

In the alternative, many GA probate and estate law firms step in and act as executor or administrator of the estate. One reason prudent Georgia executors or administrators retain an experienced GA law firm to assist them, guide them and prepare important legal documents for them, is that an executor or administrator who does not perform their fiduciary legal obligations can be held personally liable for their acts. This occurs more often than one might think. In my law practice as a GA probate attorney, I have seen all forms of serious accusations against executors or administrators and all forms of misdeeds done by executors or administrators. This holds true whether these mistakes any such were made because of poor performance, not performed at all or performed with unjust intent.

Over my countless years as a probate and estate attorney in Atlanta, GA, in an experienced GA probate law firm, I have found most people who undertake the role of executor or administrator find the GA probate process is much more difficult, in-depth, time consuming and complicated that it seems at first glance. Should you be executor or administrator of a GA estate in probate court, I strongly believe it is very wise to seek the advice of legal counsel at any time during the GA probate process; preferably at the before undertaking the role of executor or administrator. Regardless of the perceived obligations you believe you have as an executor or administrator you believe a GA estate in probate court, it is smart to consult with and possibly retain the services of an experienced GA probate and estate law firm.

Should you be interested in seeking the opinion or representation of a GA probate and estate administration attorney and law firm, feel free to call The Libby Law Firm at (404) 467-8611 or (404) 467-8611, to discuss your options, or send us a message through our confidential Web Site form. For your convenience, our Buckhead office is conveniently located in the heart of Buckhead 1/5 mile from the intersection of Roswell and Piedmont Roads and less than 1 mile from the Lenox Square Mall.