Allowable defenses; generally

(a) For purposes of this article, the term ‘‘personal representative’’ includes temporary administrators. (b) When an action is brought against a personal representative in that person’s representative capacity, the personal representative may make the following defenses: (1) That person does not occupy the position of personal representative, as alleged; (2) That no assets have come into the hands of the personal representative; (3) That all assets coming into the hands of the personal representative have been fully administered; (4) That all assets coming into the hands of the personal representative have been fully administered except those necessary to satisfy debts of a greater priority; (5) That the personal representative has fully administered the assets that came into the personal representative’s hands; or (6) That, pending the action, the letters testamentary or of administration have been revoked and the administration committed to 575 53-7-10 WILLS, TRUSTS, AND ESTATES 53-7-12 another to whom all the assets that came into the personal representative’s hands have been delivered. History. — Code 1981, § 53-7-10, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward the substance of former OCGA Sec. 53-7-48. Although temporary administrators are not included in the term ‘‘personal representative’’ as it is defined in Code Section 53-1-2, subsection (b) provides that temporary administrators are subject to this Article.