Liability of sureties on bond of removed personal representative

O.C.G.A. § 53-7-18 — under Title 53.

O.C.G.A. § 53-7-18

In all cases of removal of a personal representative for any cause, the sureties on that personal representative’s bond shall be liable for the personal representative’s acts in connection with the estate up to the time of settlement with another personal representative or the distributees of the estate. History. — Code 1981, § 53-7-18, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward former OCGA Sec. 53-7-41. 579 53-7-19 WILLS, TRUSTS, AND ESTATES 53-7-21 53-7-19. Action on bond for failure to settle and account with heir or beneficiary. When any personal representative fails to settle and account with any heir or beneficiary of the estate, the heir or beneficiary may bring an action on the bond of the personal representative in the first instance and may recover judgment against the principal and the principal’s sureties without first bringing an action against the personal representative in that person’s representative capacity. History. — Code 1981, § 53-7-19, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward former OCGA Sec. 53-7-45. 53-7-20. Action on bond upon liability of decedent and return of execution marked nulla bona. Upon the rendition of a judgment against a personal representative upon any liability of the decedent and a return of writ of execution marked nulla bona, the plaintiff may at once bring an action on the bond of the personal representative and may recover judgment against the principal and the sureties in the same action. If the principal has removed beyond the limits of this state or has died and has no legal representative, the plaintiff may bring an action against the sureties on the bond alone, without joining the principal. History. — Code 1981, § 53-7-20, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward former OCGA Sec. 53-7-47. 53-7-21. Against what property judgment levied.