Fees

O.C.G.A. § 53-3-12 — under Title 53.

O.C.G.A. § 53-3-12

(a) The fees of the probate court shall be paid by the petitioner for year’s support out of the fund set apart for such petitioner or for the surviving spouse or a minor child in whose behalf the petitioner acted pursuant to subsection (a) of Code Section 53-3-5. (b) The probate court may issue a writ of fieri facias against the personal representative or temporary administrator of the estate for the amount awarded as provided in subsection (a) of this Code section. (c) The issuance by the probate court of a writ of fieri facias against the temporary administrator of the estate as provided in subsection (b) 303 53-3-12 WILLS, TRUSTS, AND ESTATES 53-3-13 of this Code section shall be deemed a proper order under Code Section 53-7-4 for the payment by the temporary administrator of the amount awarded as provided in subsection (a) of this Code section. History. — Code 1981, § 53-3-12, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-10/HB 865. The 2020 amendment, effective January 1, 2021, added ‘‘for such petitioner or for the surviving spouse or a minor child in whose behalf the petitioner acted pursuant to subsection (a) of Code Section 53-3-5’’ at the end of subsection (a); inserted ‘‘or temporary administrator’’ in subsection (b); and added subsection (c). COMMENT This section carries forward former OCGA Sec. 53-5-12. Former Sec. 53-5-13, providing for probate court approval of the payment of debts by the surviving spouse, is repealed.