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Article 1 - Powers and Duties Generally
§ 53-7-1. General Powers and Duties of Personal Representative; Additional Powers - History. Code 1981, § 53-7-1 , enacted by Ga. L....
§ 53-7-2. Administration of Entire Estate; Distribution of Residuum - The personal representative shall be entitled to possess and administer...
§ 53-7-3. Powers and Immunities of Administrator With Will Annexed - An administrator with the will annexed shall have all rights,...
§ 53-7-4. Powers of Temporary Administrators Pending Appointment of Personal Representative and Executors Pending Litigation of Caveats to Wills - Temporary administrators, pending the appointment of a personal representative, and...
§ 53-7-5. Powers, Duties, and Liabilities if More Than One Personal Representative; Safe Deposit Boxes or Receptacles - History. Code 1981, § 53-7-5 , enacted by Ga. L....
§ 53-7-6. Power to Borrow Money, Make and Fulfill Contracts, Provide Legal Counsel, Continue Decedent’s Business, and Perform Other Acts - History. Code 1981, § 53-7-6 , enacted by Ga. L....
§ 53-7-7. Disposition of Income Received During Administration - Except as otherwise provided in the will, income received by...
§ 53-7-8. Support and Education of Minor Heirs and Beneficiaries Without Conservators - Whenever a personal representative has paid all the debts of...
Article 2 - Actions Against Personal Representatives
§ 53-7-10. Allowable Defenses; Generally - History. Code 1981, § 53-7-10 , enacted by Ga. L....
§ 53-7-11. Allowable Defenses; Action Originating in Lifetime of Decedent - When the cause of action originated in the lifetime of...
§ 53-7-12. Survival of Action - An action against joint personal representatives shall not abate by...
§ 53-7-13. Service of Notice, Writ, or Process - History. Code 1981, § 53-7-13 , enacted by Ga. L....
§ 53-7-14. Action Against Removed Personal Administrator - History. Code 1981, § 53-7-14 , enacted by Ga. L....
§ 53-7-15. Applicability of Provisions Relating to Sureties on Guardians’ or Conservators’ Bonds - The provisions of law governing the situation in which the...
§ 53-7-16. Joint and Several Liability of Personal Representative and Sureties - The personal representative and sureties shall be held and deemed...
§ 53-7-17. Liability on Common Bond of Two or More Personal Representatives - If two or more personal representatives unite in a common...
§ 53-7-18. Liability of Sureties on Bond of Removed Personal Representative - In all cases of removal of a personal representative for...
§ 53-7-19. Action on Bond for Failure to Settle and Account With Heir or Beneficiary - When any personal representative fails to settle and account with...
§ 53-7-20. Action on Bond Upon Liability of Decedent and Return of Execution Marked Nulla Bona - Upon the rendition of a judgment against a personal representative...
§ 53-7-21. Against What Property Judgment Levied - In an action against a personal representative in that person’s...
§ 53-7-22. Levy Upon Property; Entering of Judgment and Issuance of Execution - History. Code 1981, § 53-7-22 , enacted by Ga. L....
§ 53-7-23. Property Upon Which Execution Levied - In all cases of judgments recovered against a personal representative...
Article 3 - Inventory
§ 53-7-30. Filing and Contents - Unless otherwise provided by will or relieved under Code Section...
§ 53-7-31. Making of Inventory Jointly by All Personal Representatives; Proof of Joint Possession of Assets - The inventory provided for in Code Section 53-7-30 shall be...
§ 53-7-32. Waiver of Right to Receive; Relieving Personal Representative of Duty to Make - History. Code 1981, § 53-7-32 , enacted by Ga. L....
§ 53-7-33. Power of Testator to Dispense With Making Inventory - A testator may, by will, dispense with the necessity of...
§ 53-7-34. Failure to Return a Correct Inventory - Unless the inventory is waived pursuant to Code Section 53-7-32...
Article 4 - Claims Against or in Favor of Estate
§ 53-7-40. Liability of Estate; Priority of Claims - Unless otherwise provided by law, all property of the estate,...
§ 53-7-41. Notice for Creditors to Render Accounts; Notification of Creditors’ Claims; Requirement of Reasonable Additional Proof or Accounting; Failure of Creditors to Give Notice of Claims - History. Code 1981, § 53-7-41 , enacted by Ga. L....
§ 53-7-42. Time for Payment of Debts; Time for Commencing Action to Recover Debt - History. Code 1981, § 53-7-42 , enacted by Ga. L....
§ 53-7-43. Compelling Heirs or Beneficiaries to Contribute to Payment of Debt - If the estate shall have been distributed to the heirs...
§ 53-7-44. Satisfaction of Debts - Except as otherwise provided by the will, any debt not...
§ 53-7-45. Compromise of Claims - Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue...
Article 5 - Discharge and Resignation
§ 53-7-50. Petition by Personal Representative for Discharge; Citation and Publication; Hearing; Subsequently Discovered Estate - History. Code 1981, § 53-7-50 , enacted by Ga. L....
§ 53-7-51. Discharge When Funds Unclaimed - If funds are in the hands of the personal representative...
§ 53-7-52. Discharge of Temporary Administrator - A temporary administrator may be discharged in the same manner...
§ 53-7-53. Discharge Obtained by Fraud - A discharge obtained by the personal representative by means of...
§ 53-7-54. Breach of Fiduciary Duty - History. Code 1981, § 53-7-54 , enacted by Ga. L....
§ 53-7-55. Revocation of Letters of Personal Representative or Other Sanctions - History. Code 1981, § 53-7-55 , enacted by Ga. L....
§ 53-7-56. Resignation - History. Code 1981, § 53-7-56 , enacted by Ga. L....
Article 6 - Settlement of Accounts
Part 1 - General Provisions
§ 53-7-60. Jurisdiction - The superior court shall have concurrent jurisdiction with the probate...
§ 53-7-61. Filing of Petition Upon Termination of Personal Representative - If the personal representative resigns, is removed, or dies, an...
§ 53-7-62. Appearance Before Court; Failure of Personal Representative to Appear; Right to Appeal - History. Code 1981, § 53-7-62 , enacted by Ga. L....
§ 53-7-63. Making and Enforcing Final Settlement - Upon proof of issuance of citation and service of notice...
§ 53-7-64. Accounting for Income on Property Administered - A personal representative shall account for income on the property...
§ 53-7-65. Recordation of Final Receipts; Admission in Evidence - The final receipts on settlements given by heirs or beneficiaries...
§ 53-7-66. Refunding Bonds - When litigation against the estate is pending or is threatened...
Part 2 - Annual Returns and Intermediate Reports
§ 53-7-67. Required Annual Filing; Reporting Period - History. Code 1981, § 53-7-67 , enacted by Ga. L....
§ 53-7-68. Mailing of Return to Heirs and Beneficiaries; Relieving Personal Representative of Duty to File Return - History. Code 1981, § 53-7-68 , enacted by Ga. L....
§ 53-7-69. Power of Testator to Dispense With Necessity of Return - A testator may, by will, dispense with the necessity of...
§ 53-7-69.1. Annual Statement of Receipts and Disbursements - History. Code 1981, § 53-7-69.1 , enacted by Ga. L....
§ 53-7-70. Examination and Recordation of Returns and Vouchers; Evidentiary Effect - The probate court shall carefully examine each return of a...
§ 53-7-71. Return of Nonresident or Deceased Personal Representative - History. Code 1981, § 53-7-71 , enacted by Ga. L....
§ 53-7-72. Docket of Persons Liable to Make Returns; Failure to Make Returns - To ensure annual returns from every personal representative, it shall...
§ 53-7-73. Filing and Contents of Intermediate Report; Notice to Heirs and Beneficiaries - History. Code 1981, § 53-7-73 , enacted by Ga. L....
§ 53-7-74. Filing of Objections to Intermediate Report; Continuation of Hearing; Appeal - At or before the time fixed for hearing, any parties...
§ 53-7-75. Construction of Will by Superior Court - History. Code 1981, § 53-7-75 , enacted by Ga. L....
§ 53-7-76. Judgment Surcharging Fiduciary - Should it appear from the intermediate report that the personal...
§ 53-7-77. Conclusiveness of Order on Intermediate Report - All parties in interest shall be bound by the order...
§ 53-7-78. Taxing of Costs - Costs shall be taxed against the estate or the parties...