Authority of administrator; method of distribution provided for in will

(a) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset. (b) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset only upon the written consent of all the heirs or upon an order of the probate court made pursuant to a petition filed by an heir or the administrator. (c) Nothing in this Code section shall be construed as limiting or restricting the method of distribution provided for in a will or as requiring the approval of the probate court for a distribution or division in kind made pursuant to the directions in a will. In all cases where the will directs or authorizes a distribution or division in kind but fails to direct specifically how or by whom the distribution or division in kind is to be made, it shall be the duty and authority of the executor or administrator with the will annexed to make the distribution or division in kind. 252 53-2-30 History. — Code 1981, § 53-2-30, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section replaces former OCGA Sec. 53-4-11. Subsection (c) carries forward the provisions of former OCGA Sec. 53-4-11(b). Two options for distributions in kind are available under this section. The administrator may make the distribution in kind without the consent of the heirs or a court order if the distribution is made pro rata as to each asset. If the distribution in kind is to be made in a manner that is not pro rata as to each asset, the administrator may do so only if all the heirs consent or pursuant to an order from the probate court. The procedure for filing a petition for such order is described in the subsequent Code sections.