Removal of Executor or Administrator within Probate Court’s Jurisdiction

The removal of a executrix of an estate as the result of a conflict of interest is well within the jurisdictional bounds of the probate court. See OCGA § 15-9-30 (a) (2) (“Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction [over] … [t]he granting of letters testamentary and of administration and the repeal or revocation of the same”) (emphasis supplied); Wardlaw v. Huff, 259 Ga. 1, 2 (376 SE2d 366) (1989) (“Where the personal interests of the representative of an estate conflict with the interests of the estate it is within the discretion of the probate judge … to remove the representative.”); Benefield v. Martin, 276 Ga. App. 130, 132 (622 SE2d 469) (2005) (noting that probate courts have the authority to, among other things, “remove executors”). See Ray, 280 Ga. App. at 47 (1) (probate court’s order removing appellant as administrator of estate due to conflict of interest and breach of fiduciary duty was not void for lack of jurisdiction, given that “the probate court did not attempt to determine title to property”).

If you are a beneficiary of an estate where the executor or administrator is not performing their duties in accordance with the law, call an Atlanta Probate Attorney today at 770-386-8564.

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