In Re the Estate of Rhonda P. Jeffcoat, A21A1569

Rhonda Jeffcoat’s will named her daughter Eleisha Pate as executor; both Pate and half-sister Shauna Jeffcoat are beneficiaries.
Shauna objected to Pate’s appointment and sought appointment of a county administrator instead.
Probate court held an evidentiary hearing, found Pate “unfit due to her actions after the death of the Decedent” (broad statutory meaning), and appointed a county administrator.
At the hearing Shauna asked that the decedent’s house be sold; the probate court announced it would place the house on the market and later memorialized that in its written order.
Pate appealed, arguing (1) insufficient evidence supported the court’s refusal to appoint her and (2) the court ordered sale of property without notice.
The Court of Appeals affirmed, concluding evidence of animosity supported removal and Pate’s failure to object at the hearing constituted implied consent to the sale order.

Issue	Plaintiff's Argument (Pate)	Defendant's Argument (Shauna/Probate Court)	Held
Whether evidence supported refusal to appoint nominated executor	No evidence supports finding Pate "unfit"; she should qualify per will	Testimony showed irreconcilable differences/animosity permitting refusal under the statute	Affirmed — some evidence of animosity justified denying appointment
Whether ordering sale of estate property without prior notice was error	Court erred by ordering sale when Pate had no notice the issue would be considered	Issue was raised at hearing; Pate did not object, implying consent	Affirmed — Pate’s failure to object at hearing constituted implied consent to disposition
Whether the court relied on inadmissible evidence	Court considered evidence not admitted at hearing	No indication the court relied on excluded evidence; appellate presumption that only proper evidence was considered	Affirmed — presumption that the probate court relied on admitted evidence applies

In re Estate of Dunn, 236 Ga. App. 211 (broad meaning of “unfit” not limited to physical, mental, or moral conditions)
In re Estate of Farquharson, 244 Ga. App. 632 (irreconcilable differences/animosity can authorize refusal to appoint nominated executor)
In re Estate of Hubert, 325 Ga. App. 276 (distrust among siblings supports probate court’s removal decisions within discretion)
In re Cash, 298 Ga. App. 110 (presumption that trial courts rely only on proper/admitted evidence)
Howington v. Howington, 281 Ga. 242 (failure to object at hearing can imply consent to relief entered)
In re Hudson, 300 Ga. App. 340 (same principle: implied consent by silence at hearing)
Ray v. Nat. Health Investors, 280 Ga. App. 44 (failure to object at hearing constitutes implied consent to matters addressed)