Georgia Code
Article 1 - General Provisions
§ 5-6-16. Time for Appeal by Personal Representative Where Party Dies After Trial; Effect of Entry of Appeal and of Failure to Enter Appeal; When Appeal Heard

History. Laws 1843, Cobb’s 1851 Digest, pp. 474, 502; Code 1863, §§ 3358, 3359, 3361; Code 1868, §§ 3377, 3378, 3380; Code 1873, §§ 3425, 3426, 3428; Code 1882, §§ 3425, 3426, 3428; Civil Code 1895, §§ 5023, 5024, 5026; Civil Code 1910, §§ 5605, 5606, 5608; Code 1933, §§ 3-408, 3-409, 3-411; Ga. L. 2020, p. 377, § 2-1/HB 865.
The 2020 amendment, effective January 1, 2021, in subsection (a), designated the first sentence as paragraph (a)(1) and the second sentence as paragraph (a)(2), in paragraph (a)(1), substituted “personal” for “legal”, inserted “estate of the”, and substituted “such personal representative” for “he”, inserted “personal” in paragraph (a)(2), and added paragraph (a)(3); in subsection (b), designated the first sentence as paragraph (b)(1) and the second sentence as paragraph (b)(2), inserted “paragraph (1) of” in paragraph (b)(1), and in paragraph (b)(2), inserted “as provided in paragraph (1) of subsection (a) of this Code section” and substituted “personal representative” for “executor or administrator”; and rewrote subsection (c), which read: “In case of the death or removal from office of any executor or administrator pending such proceedings as are prescribed in subsections (a) and (b) of this Code section, an administrator de bonis non may be made a party in like manner.”
Cross references.
Death of party, Rules of the Supreme Court of the State of Georgia, Rule 10.
Parties, Rules of the Court of Appeals of the State of Georgia, Rule 39.

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