Should it appear from the intermediate report that the personal representative is liable to the estate or to any beneficiary of the estate, the probate court is authorized and it shall be the court’s duty to enter a judgment surcharging the personal representative in such amount as is authorized under the law and the evidence.
History. Code 1981, § 53-7-76 , enacted by Ga. L. 1996, p. 504, § 10.
Law reviews.
For article, “Some Problems in Providing for Nonjudicial Settlement of the Trustee’s Accounts,” see 3 Ga. St. B.J. 417 (1967).
For article, “Fiduciary Problems of the Executor and Trustee: Conflicts of Interest, Violations of Fiduciary Duties, Surcharge, and Other Remedies of Beneficiaries,” see 9 Ga. St. B.J. 187 (1972).
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 7 - Administration of Estates Generally
Article 6 - Settlement of Accounts
Part 2 - Annual Returns and Intermediate Reports
§ 53-7-67. Required Annual Filing; Reporting Period
§ 53-7-69. Power of Testator to Dispense With Necessity of Return
§ 53-7-69.1. Annual Statement of Receipts and Disbursements
§ 53-7-70. Examination and Recordation of Returns and Vouchers; Evidentiary Effect
§ 53-7-71. Return of Nonresident or Deceased Personal Representative
§ 53-7-72. Docket of Persons Liable to Make Returns; Failure to Make Returns
§ 53-7-73. Filing and Contents of Intermediate Report; Notice to Heirs and Beneficiaries
§ 53-7-74. Filing of Objections to Intermediate Report; Continuation of Hearing; Appeal
§ 53-7-75. Construction of Will by Superior Court
§ 53-7-76. Judgment Surcharging Fiduciary