Power of administrator

(a) A temporary administrator may bring an action for the collection of debts or for personal property of the decedent. If a personal representative is appointed pending such action, the personal representative may be substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9. (b) A temporary administrator may bring, support, or oppose an action to approve a settlement agreement under Code Section 53-5-25. If a personal representative is appointed pending such action, the personal representative may be substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9. (c) A temporary administrator shall have the power to collect and preserve the assets of the estate and to expend funds for this purpose if approved by the judge of the probate court after such notice as the judge deems necessary; provided, however, that nothing in this subsection shall limit or reduce the notice requirements imposed by Code Sections 53-6-64 and 53-7-4. (d) A temporary administrator appointed pursuant to Code Section 53-3-21 shall have the power to perform the duties of a personal representative under subsection (b) of Code Section 53-3-7 or under subsection (b) of Code Section 53-3-12, as ordered by the judge of the probate court. History. — Code 1981, § 53-6-31, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 24; Ga. L. 2020, p. 377, § 1-33/HB 865. The 2020 amendment, effective January 1, 2021, designated the first two sentences of the previously existing provisions as subsection (a) and, in the second sentence of subsection (a), substituted ‘‘such action’’ for ‘‘the action’’ near the middle, and substituted ‘‘substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9’’ for ‘‘made a party in lieu of the temporary administrator’’ at the end; added subsection (b); designated the last sentence of the previously existing provisions as subsection (c) and, in subsection (c), added the proviso at the end; and added subsection (d). COMMENT This section carries forward former OCGA Sec. 53-7-103. See Code Sec. 53-1-2 for the definitions of ‘‘temporary administrator’’ and ‘‘personal representative’’. (As these definitions indicate, a temporary administrator is not included in the definition of ‘‘personal representative’’.) For other provisions relating to the powers of temporary administrators, see Code Secs. 53-7-4 and 53-8-10(b). 543 53-6-31 WILLS, TRUSTS, AND ESTATES T.53, C.6, A.5