When the cause of action originated in the lifetime of the decedent, a personal representative may make any defense or pleading that the decedent could have made if alive.
History. Code 1981, § 53-7-11 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-40/HB 865.
The 2020 amendment, effective January 1, 2021, substituted “pleading that” for “pleading which” in this Code section.
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 7 - Administration of Estates Generally
Article 2 - Actions Against Personal Representatives
§ 53-7-10. Allowable Defenses; Generally
§ 53-7-11. Allowable Defenses; Action Originating in Lifetime of Decedent
§ 53-7-13. Service of Notice, Writ, or Process
§ 53-7-14. Action Against Removed Personal Administrator
§ 53-7-15. Applicability of Provisions Relating to Sureties on Guardians’ or Conservators’ Bonds
§ 53-7-16. Joint and Several Liability of Personal Representative and Sureties
§ 53-7-17. Liability on Common Bond of Two or More Personal Representatives
§ 53-7-18. Liability of Sureties on Bond of Removed Personal Representative
§ 53-7-19. Action on Bond for Failure to Settle and Account With Heir or Beneficiary
§ 53-7-20. Action on Bond Upon Liability of Decedent and Return of Execution Marked Nulla Bona
§ 53-7-21. Against What Property Judgment Levied
§ 53-7-22. Levy Upon Property; Entering of Judgment and Issuance of Execution