Naming an Administrator
Unanimous Heir Selection
The heirs may unanimously select the person who will serve.
If all the heirs agree on who should be the Administrator, then fill in that person's name on page 1 (Part 2) and on page 4 of the Standard Form #3. Also all the heirs must sign the "Selection by Heirs" portion on page 4 of Standard Form #3.
If the heirs live in different places, you may make several copies of page 4 and have each heir sign a copy and have the signature notarized and file all the separate copies.
Court Selection
If the heirs can't agree on who should serve, the Probate Court will choose the Administrator. In making this selection, the Probate Court will consider, but is not required to choose, the decedent's:
Notice of Petition for Appointment
Notice must be mailed to all of the heirs whose addresses are known. Alternatively, the heirs may waive notice by filing a written and notarized Acknowledgement of Service and waiver (page 4 of Standard Form #3).
Newspaper Notice
Also, notice must be published in the county newspaper if either:
Minors or Incapacitated Adults
If there are heirs who are minors or incapacitated adults, or who are unknown or whose addresses are unknown, a guardian ad litem must be appointed.
The heirs may unanimously select the person who will serve.
If all the heirs agree on who should be the Administrator, then fill in that person's name on page 1 (Part 2) and on page 4 of the Standard Form #3. Also all the heirs must sign the "Selection by Heirs" portion on page 4 of Standard Form #3.
If the heirs live in different places, you may make several copies of page 4 and have each heir sign a copy and have the signature notarized and file all the separate copies.
Court Selection
If the heirs can't agree on who should serve, the Probate Court will choose the Administrator. In making this selection, the Probate Court will consider, but is not required to choose, the decedent's:
- Spouse
- Heirs
- 1 person selected by a majority of the heirs
- Creditor
- Other eligible persons
Notice of Petition for Appointment
Notice must be mailed to all of the heirs whose addresses are known. Alternatively, the heirs may waive notice by filing a written and notarized Acknowledgement of Service and waiver (page 4 of Standard Form #3).
Newspaper Notice
Also, notice must be published in the county newspaper if either:
- (A) The identities or addresses of any heirs are not known
- (B) The heirs have consented to a waiver of bond and / or a grant of powers
Minors or Incapacitated Adults
If there are heirs who are minors or incapacitated adults, or who are unknown or whose addresses are unknown, a guardian ad litem must be appointed.
Contact Us
-
Edith F. Haney
Probate Judge
Melissa Cosey
Chief Clerk
Phone: 770-830-5840, ext. 1222
Jean Thornhill
Deputy Clerk
Phone: 770-830-5840, ext. 1223
Probate Court
Email
Physical Address
311 Newnan Street
Carrollton, GA 30117
Mailing Address
P.O. Box 338
Carrollton, GA 30112
Phone: 770-830-5840
Fax: 770-830-5995
Hours
Monday - Friday
8:00 a.m. - 5:00 p.m.
Firearms License,
Marriage Licenses
and Petitions are
processed until 4:00 p.m.
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