The personal representative and sureties shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a personal representative removes beyond the limits of this state, dies and leaves an unrepresented estate, or is in such a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that personal representative in the personal representative’s representative capacity may institute an action against the sureties or any one or more of them upon the bond of the personal representative in the first instance, without first obtaining a judgment against the personal representative in that person’s representative capacity. No prior judgment establishing the liability of the personal representative or a devastavit by the personal representative shall be necessary before an action is brought against the sureties on the bond.
History. Code 1981, § 53-7-16 , enacted by Ga. L. 1996, p. 504, § 10.
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