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In Re: Estate of Price

The probate court failed to apply the proper standard of proof when it concluded that the temporary administrator's sale of certain estate property was "in the best interest of the estate", rather than for "good cause".

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On appeal from a probate court’s grant of a temporary administrator’s petition to sell real property owned by an estate, two of the decedent’s heirs argue that the probate court erred when it failed to find that the temporary administrator had “good cause” for the sale. Because the record shows that the probate court failed to make this finding, which is required under OCGA § 53-8-10 b, we vacate and remand for further proceedings.

Where a probate court sits as a finder of fact, we accept its findings if they are supported by any evidence. Lowry v. Hamilton, 268 Ga. 373, 374 2 489 SE2d 827 1997. The probate court’s application of the law is subject to de novo appellate review, however. In re Estate of Haring, 314 Ga. App. 770 1 726 SE2d 86 2012.

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