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 judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the property of the decedent, if found, and if such property is not found, then to be levied on the property of the defendant personal representative.
History. Code 1981, § 53-7-21 , 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