History. Code 1981, § 53-7-41 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 33; Ga. L. 2020, p. 377, § 1-43/HB 865; Ga. L. 2021, p. 922, § 53/HB 497.
The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: “The personal representative shall be allowed six months from the date of the qualification of the first personal representative to serve in which to ascertain the condition of the estate. Every personal representative shall, within 60 days from the date of qualification, publish a notice directed generally to all of the creditors of the estate to render an account of their demands. The notice shall be published once a week for four weeks in the official newspaper of the county in which the personal representative qualified. Creditors who fail to give notice of claims within three months from the date of publication of the personal representative’s last notice shall lose all rights to an equal participation with creditors of equal priority to whom distribution is made before notice of such claims is brought to the personal representative, and they may not hold the personal representative liable for a misappropriation of the funds. If, however, there are assets in the hands of the personal representative sufficient to pay such debts and if no claims of greater priority are unpaid, the assets shall be thus appropriated notwithstanding failure to give notice.”
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “to timely notify” for “timely to notify” near the end of the last sentence of subsection (d).
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 7 - Administration of Estates Generally
Article 4 - Claims Against or in Favor of Estate
§ 53-7-40. Liability of Estate; Priority of Claims
§ 53-7-42. Time for Payment of Debts; Time for Commencing Action to Recover Debt
§ 53-7-43. Compelling Heirs or Beneficiaries to Contribute to Payment of Debt