Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle debts or claims in favor of or against the estate. A personal representative who declines to litigate any claim may assign the claim to a creditor or an heir of an intestate estate or a beneficiary of a testate estate for the purpose of prosecuting the claim at that person’s own expense and, after reimbursement of the expenses to the creditor, heir, or beneficiary, any remaining proceeds shall be paid over to the personal representative for administration.
History. Code 1981, § 53-7-45 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 22; Ga. L. 1998, p. 1586, § 34.
Law reviews.
For article, “Joint Bank Accounts: A Different Form of Joint Tenancy,” see 17 Ga. St. B.J. 184 (1981).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
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