Few things strain a grieving family like a fight over who runs the estate. Two relatives may each believe they have the better claim, and each may assume age or closeness settles it. Georgia law is more structured: The outcome depends on whether the deceased left a will, who qualifies, and what the probate court decides serves the estate best.

How a Will Changes the Starting Point

When a valid will names an executor, Georgia Code Title 53, Chapter 6, Article 2 generally gives that person the right to qualify in the order the will specifies, unless a court finds the person unfit.

Without a will, Article 3 of that chapter controls. Heirs may unanimously choose an administrator, subject to a special rule for a sole surviving spouse when divorce or separate-maintenance proceedings were pending. If they cannot agree, the court weighs the estate’s interests and applies this order of preference:

  • The surviving spouse, subject to that exception
  • Other heirs, or someone chosen by a majority in interest of those heirs
  • Another eligible person
  • A creditor
  • The county administrator

No unconditional right belongs to the oldest child or closest relative.

How Courts Resolve Competing Requests

A will does not always end the dispute. If the named executor cannot serve, Georgia Code Title 53, Chapter 6, Article 2 covers appointing an administrator with the will annexed.

In Sherard v. Aldridge, neither named co-executor could serve. The deceased woman’s daughter and brother both sought appointment, and the probate court chose the daughter. The Georgia Court of Appeals affirmed, explaining that when both were beneficiaries and the preferences did not decide the contest, the probate court had to pick the appointment that best served the estate.

Prepare Before You Petition or Object

Start by confirming whether a will exists. Preserve evidence of financial misconduct, conflicts of interest, or unwillingness to cooperate. Objecting to an appointment does not invalidate a will or change who inherits. Once someone has qualified, a challenge is a separate proceeding.

The Williams Litigation Group can evaluate the will and family circumstances, explain who may hold priority, and help you petition for appointment or object to someone else’s. To discuss your situation, contact us or call 866-214-7036.