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In Re: Estate of Farkas

In the absence of a transcript of the evidence introduced at trial, the Court was required to assume that the evidence supported the probate court's finding that there were grounds upon which to question the decedent's brother's fitness to serve as executor of the estate.

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In his will, Sam Farkas named his brother Leonard Farkas as the executor of his estate and his daughter Lorie Farkas Van Linden as successor executor. Farkas also made a codicil stating that the executor was not to receive any fees for work done as executor of the estate. Following Sam’s death, Lorie filed a petition to probate the will and codicil in solemn form. In the petition, Lorie asked to be appointed as executor, rather than Leonard, because his involvement in several suits against the estate and money he owed to the estate created conflicts of interest. Following a hearing, the probate court entered an order admitting the will to probate and appointing Lorie as the executor, finding that there were grounds upon which to question Leonard’s fitness to serve in that capacity. Leonard appeals from that ruling.

1. Before turning to the merits of Leonard’s appeal, we must first examine this Court’s jurisdiction over this appeal. “It is the duty of this Court on its own motion to inquire into its jurisdiction.” Citation and punctuation omitted. Cooper v. Spotts, 309 Ga. App. 361 1 710 SE2d 159 2011.

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