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.
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