Title 53 — Title 53

(a) For purposes of this Code section, a beneficiary who is capable of expressing a choice is one: (1) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee; and (2) Whose identity and whe…

(a) Every petition for letters of administration with the will annexed shall be made in accordance with the procedures set forth in Code Section 53-5-21 if the will has not yet been admitted to probate and shall include a prayer for issuance of letters of administration with the …

Court appointments, §53-6-13. Declination of appointment, §53-6-12. Nomination by testator, §53-6-10. Oath of executor or administrator with will annexed, §53-6-16. Petition for letters of administration with will annexed, §53-6-15. Qualifications, §53-6-11. Assets. Settlement of …

Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son tort and as such shall be liable to the creditors and heirs or beneficiaries of the estate for double th…

An administrator may be unanimously selected by all the heirs of a deceased intestate unless the sole heir is the decedent’s surviving spouse and an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death…

(a) Every petition for letters of administration shall be made to the probate court of the county of domicile of the decedent, or, if the decedent was not domiciled in this state, then in a county where the estate or some portion of it is located. (b) The petition shall set forth…

Notice of the petition for letters of administration shall be served by the court by first-class mail on each heir with a known address at least 30 days prior to the date on or before which any objection is required to be filed. If there is any heir whose current address is unknown…

Letters of administration may issue to any person selected as provided by Code Section 53-6-20, and a new citation need not be published if the administrator is someone other than the person named in the citation. History. — Code 1981, § 53-6-23, enacted by Ga. L. 1996, p. 504, §…

(a) Every administrator, upon qualification (which qualification may be done at any time if appointed at a regular term), shall take and subscribe an oath or affirmation in substantially the following form: 540 53-6-30 ‘‘I do solemnly swear (or affirm) that , deceased, died intesta…

(a) The probate court may at any time and without service or notice to anyone grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed. (b) T…

(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 …

(a) Every temporary administrator, upon qualification (which qualification may be done at any time), shall take and subscribe an oath or affirmation in substantially the following form: ‘‘I do solemnly swear (or affirm) that , deceased, died (testate) (intestate) and with an estate…

(a) The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be represented. (b) In all counties of this state the probate court is authorized to appoint, in the same manner as the coun…

(a)(1) Except as provided in paragraph (2) of this subsection, the county administrator shall have attained the age of 21 years and shall have been for at least one year a domiciliary of the county of appointment. (2) If the individual to be appointed as county administrator is a…

Appointment of additional county administrators to serve as, §53-6-35. COUNTY ADMINISTRATORS —Cont’d Qualifications, §53-6-36. Resignation of office, §53-6-37. Revocation of letters of administration, §53-6-42. Separate letters of administration for each estate, §53-6-40. Settleme…

If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, with notice given as provided for in Code Section 53-6-22. If, however, the estate does not exceed in value th…

Missing persons and persons believed to be dead, §53-9-4. Revocation upon proof that missing individual is alive, §53-9-5. Notice to heirs of decedent, §53-6-22. LIENS. Boats and other watercraft. Abandoned vessels, §52-7-73. Foreclosure, §§52-7-73 to 52-7-77. Executors and admin…

Each county administrator shall give bond, with good security to be judged by the probate court, in the sum of $5,000.00. The bond shall be payable to the probate court for the benefit of all concerned. It shall be attested by the judge or clerk of the probate court and shall be c…

Resignation of office, §53-6-37. Revocation of letters of administration, §53-6-42. Settlement of estate without administration, §53-6-44. Term of office, §53-6-37. Unrepresented estate, administration by clerk of superior court, §53-6-39. Unrepresented estate, administration by …

(a) If, in the opinion of the probate court or upon the petition of an heir, it shall become necessary for the good of any estate placed or about 549 53-6-43 WILLS, TRUSTS, AND ESTATES 53-6-44 to be placed in the hands of the county administrator for the administrator to give add…

Letters of administration, §§53-6-20 to 53-6-24. Temporary administration, §§53-6-30, 53-6-31. Oath or affirmation of temporary administrator, §53-6-32. General provisions, §§53-1-1 to 53-1-9. Common law and equity principles. Applicability to wills, trusts and administration of …

(a) Unless otherwise provided in this Code section, any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administrator shall be required to give bond with good and sufficient security. (b) A national banking association …

(a) The bond of a personal representative or temporary administrator shall be secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state, shall be payable to the probate court for the benefit of all …

If the value of an estate decreases, the probate court may permit a corresponding reduction in the amount of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct by the personal representative or temporary administrator. History. …

Reduction, §53-6-52. Requirements generally, §53-6-51. Settlement of accounts. Refunding bonds, §53-7-66. Terms generally, §53-6-51. Breach of fiduciary duty. Discharge and resignation of personal representative, §53-7-54. 1006 INDEX EXECUTORS AND ADMINISTRATORS —Cont’d Caveats to…

Requisites. Reduction. Personal representative qualified to serve without, or not otherwise legally required to give, bond. Recordation and custody. Article 7 Compensation 53-6-60. 53-6-61. 53-6-62. 53-6-63. 53-6-64. 525 Amount. Expenses. Extra compensation. Compensation from busi…

(a) Personal representatives shall be compensated as specified in either the will or any written agreement entered into prior to the decedent’s death or a written agreement signed by all the beneficiaries of a testate estate or all the heirs of an intestate estate. A written agreem…

Personal representatives shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a bond, and the expenses of counsel and other agents. Such reasonable expen…

(a) A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made on all the heirs of an intestate decedent or on any affected beneficia…

(a) Any executor who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the decedent owns an interest in the corporation or other business enterprise, provided t…

A temporary administrator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 11 of this title. The court shall award reasonable compensation to a temporary administrator. For good cause, including but not limited to se…

(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) Tha…

In-kind distribution, authority of administrator, §53-2-30. Discharge and resignation of personal representatives, §§53-7-50 to 53-7-56. Action against discharged personal representatives, §53-7-50. Application of provisions. Temporary administrators, §53-7-52. Breach of fiduciary…

An action against joint personal representatives shall not abate by the death of one but shall proceed against the survivor or survivors. 576 History. — Code 1981, § 53-7-12, enacted by Ga. L. 1996, p. 504, § 10. 53-7-14

(a) In any action or proceeding brought pursuant to this article, service of any notice, writ, or process shall be made in the manner provided by Chapter 11 of this title if Chapter 11 of this title is applicable under Code Section 53-11-1. If Chapter 11 of this title is not appl…

(a) When letters testamentary or letters of administration are revoked, no action by or against the removed personal representative shall abate. The newly appointed personal representative may be made a party plaintiff or defendant in place of the removed personal representative.…

Allowable defenses; action originating in lifetime of decedent. Survival of action. Service of notice, writ, or process. Action against removed personal administrator. Applicability of provisions relating to sureties on guardians’ or conservators’ bonds. Joint and several liabili…

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 di…

Final receipts, §53-7-65. Final settlement, §53-7-63. Income on property administered, §53-7-64. Indemnification of personal representatives. Refunding bonds, §53-7-66. Intermediate reports. Appeals, §53-7-74. Conclusiveness of order, §53-7-77. Construction of will, §53-7-75. Cont…

The personal representative shall be entitled to possess and administer the entire estate. If, after payment of debts and satisfaction of testamentary gifts, there are assets not given under the will, such assets shall be distributed to the heirs of the decedent as if the deceden…

Damages, injunctions, etc, actions for, §53-7-54. Common bond, §53-7-17. Defenses, §53-7-10. Action originating in lifetime of decedent, §53-7-11. 1005 INDEX EXECUTORS AND ADMINISTRATORS —Cont’d Actions against personal representatives —Cont’d Entering of judgment, §53-7-22. Exec…

In an action against a personal representative in that person’s representative capacity, the judgment shall generally be de bonis testatoris. However, when the personal representative unsuccessfully makes any of the defenses described in Code Section 53-7-10 or a release, the jud…

(a) When a judgment has been obtained against the principal and surety or sureties on the bond of a personal representative, guardian, or other fiduciary, a levy may be made upon any property of any defendant in fi. fa. (b) The probate court shall be authorized to enter a judgment …

Foreign personal representatives, §§53-5-42 to 53-5-47. Probate of foreign or out-of-state wills, intestate nondomiciliary, §§53-5-30 to 53-5-41. Claims against or in favor of estate, §§53-7-40 to 53-7-45. County administrators, §§53-6-35 to 53-6-44. Descent and distribution, §§5…

An administrator with the will annexed shall have all rights, powers, privileges, exemptions, and immunities of the executor, including the dispensation by the testator of the necessity of making inventory and returns. History. — Code 1981, § 53-7-3, enacted by Ga. L. 1996, p. 50…

Unless otherwise provided by will or relieved under Code Section 53-7-32 or 53-7-33, the personal representative shall prepare an inventory of all the property of the decedent. The personal representative shall file the inventory with the probate court and shall deliver a copy of …

Removal of personal representative for failure to return correct inventory, §53-7-34. Testator’s power to dispense with, §53-7-33. Waiver of right to receive, §53-7-32.

A testator may, by will, dispense with the necessity of the personal representative’s making an inventory to the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was exe…

Unless the inventory is waived pursuant to Code Section 53-7-32 or a testator by will dispenses with the necessity of having a personal representative make an inventory pursuant to Code Section 53-7-33, the failure of a personal representative to return a correct inventory shall …

Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following order: (1) Year’s support for the family; (2) Funeral expenses, whether or not the decedent leaves a surviving spous…