What is a Guardian ad Litem in Probate?

What is a Guardian ad Litem in probate?  Should you be concerned if the Probate Court requires one in your case?  In this post, we will go over this often misunderstood topic.

My name is Erik Broel & I am the founder & CEO of Georgia Probate Law Group. At our firm we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored. Everything discussed in this post is for general information and is not legal advice – for specific information about your situation, please go here to request a complimentary consultation.

A guardian ad litem is usually an attorney appointed by the court in certain circumstances.  It is important to note that while the guardian ad litem is usually an attorney, he or she is not acting in their capacity as an attorney while serving as guardian ad litem.  Instead, he or she is acting on behalf of the court.

When will a guardian ad litem be appointed?

The most common situations when a guardian ad litem will be appointed are:
1. When there are minor heirs of an estate
2. When there is an incapacitated adult heir of an estate
3. When there are unknown heirs of an estate
4. Whenever the court determines that a guardian ad litem would be prudent

The role of the guardian ad litem is to review the petition and other filings, investigate the situation, and determine what is in the best interest of their ward. He or she will then file a report with the probate court informing the court of the results of their investigation along with the guardian ad litem’s recommendation.  While his or her report is merely a recommendation to the court, it is very uncommon for a court not to follow the recommendation.

As a result, the guardian ad litem is a very important position in an estate where one is appointed.

Next Step

For more information about this and other probate law topics, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia Probate Handbook.  You’ll learn the key things that go wrong in an estate, how to prevent them, and what to do if they happen.

You also can reach out to our office at (770) 796-4582 to set up a consultation.

Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.