reglab/housing_qa huggingface dataset:
GA Code § 53-6-37 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-37. Term; Vacancies; Discharge of Duties After Expiration of Term or Removal From Office; Resignation

  The term of office of a county administrator shall be four years and shall expire on the first Monday in March or when a successor is appointed and qualified. All vacancies in the office, whether by death, resignation, removal from the county, or removal from office, shall be filled by the probate court for the unexpired term.   When the term of a county administrator has expired or when a county administrator has been removed from office, the county administrator shall nevertheless continue to discharge the duties of administrator of all estates remaining in the administrator's hands unless the letters of administration are revoked.   A county administrator may resign the office as other administrators are allowed by law to do so.     (Code 1981, §53-6-37, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-38 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-38. Administration of Unrepresented Estate by County Administrator

 If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, with notice given as provided for in Code Section 53-6-22. If, however, the estate does not exceed in value the sum set aside to the spouse and children of the decedent as year's support, no administration shall be necessary, but the probate court shall by order set apart the same to the spouse and children, as provided by law.    (Code 1981, §53-6-38, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).
GA Code § 53-6-39 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-39. Administration or Unrepresented Estate by Clerk of Superior Court

 If for any reason a county has no county administrator and there is an unrepresented estate that is not likely to be represented, it shall be the duty of the probate court of any such county to vest the administration of the estate in the clerk of the superior court of the county.    (Code 1981, §53-6-39, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-40 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-40. Separate Letters of Administration; Governing Law; Appointment for Sole Purpose of Commencing or Continuing Lawsuit Against Estate

  The probate court shall grant to the county administrator separate letters of administration upon each estate placed in the county administrator's hands. Except as provided in subsection (b) of this Code section, the county administrator shall be governed and controlled by the law provided for other administrators.   If a petition is made for the appointment of a county administrator as the administrator of an unrepresented estate for the sole purpose of making it possible to commence or continue a lawsuit against the estate and the granting of such petition is otherwise proper under applicable law, the probate court may appoint the county administrator as administrator of such estate. The probate court shall relieve the county administrator from all liabilities, duties, and obligations otherwise imposed on the administrator of an estate, including but not limited to the marshaling of assets, the publication of notice to creditors, the filing of an inventory, the filing of returns, and the posting of a separate bond, except for those duties and obligations directly related to the acceptance of service of process and qualification as administrator and other duties directly related to the lawsuit. Additionally, the probate court may provide for the payment of reasonable compensation to the county administrator by the petitioner sufficient to cover the time devoted to and expenses incurred by the county administrator in the performance of the duties and obligations with respect to the estate, such compensation to be determined by the probate court in the same manner that the amount of any extra compensation claimed by the administrator is to be determined.     (Code 1981, §53-6-40, enacted by Ga. L. 1996, p. 504, § 10.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 53-6-97 are included in the annotations for this Code section.   County administrator not entitled to collect compensation from county.    - County administrator, including superior court clerk holding that position, is not entitled to collect compensation from county for duties of county administrator, but may collect, from estates administered those applicable commissions, fees, and expenses authorized by law. 1981 Op. Att'y Gen. No. U81-53, (decided under former O.C.G.A. § 53-6-97).
GA Code § 53-6-41 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-41. Bond

 Each county administrator shall give bond, with good security to be judged by the probate court, in the sum of $5,000.00. The bond shall be payable to the probate court for the benefit of all concerned. It shall be attested by the judge or clerk of the probate court and shall be conditioned upon the faithful discharge of the county administrator's duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county administrator, as provided by law for actions on the bonds of other administrators.    (Code 1981, §53-6-41, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Official bonds generally, T. 45, C. 4.
GA Code § 53-6-42 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-42. Power of Court to Revoke Letters of Administration, Require Additional Security, or Pass Other Order

 The probate court may, for good cause shown, as provided in Code Sections 29-3-82, 29-5-92, and 53-7-14, revoke the letters of administration of the county administrator or letters of guardianship of the county administrator, require additional security on the county administrator's bond, or pass such other order as is expedient and necessary for the good of any particular estate in the hands of any county administrator.    (Code 1981, §53-6-42, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2004, p. 161, § 9.)   Editor's notes.   - Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."
GA Code § 53-6-43 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-43. Proceedings to Require Additional Security

  If, in the opinion of the probate court or upon the petition of an heir, it shall become necessary for the good of any estate placed or about to be placed in the hands of the county administrator for the administrator to give additional security on the bond or to give additional bond with security, the probate court shall have the authority to fix the amount of the bond and shall cite the county administrator to appear at a regular term of the court and show cause, if any, why the additional bond or additional security should not be given.   If, upon the hearing, the county administrator fails to show good cause why the additional bond or additional security should not be given, the probate court shall pass an order fixing the amount of the bond and directing the county administrator to give additional security on or before a day named, which day shall be within 30 days of the date of the order.   Should the county administrator fail, refuse, or neglect to give additional bond or additional security on or before the day fixed in the order of the probate court and fail to show good cause why further time should be allowed, it shall be the duty of the probate court to remove the county administrator and to appoint another for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment.     (Code 1981, §53-6-43, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-44 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-44. Settlement of Estate Without Administration

 Nothing in this article shall be construed to require the probate court to vest administration in the county administrator or any other person when the heirs agree to settle the estate without administration.    (Code 1981, §53-6-44, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-50 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 6 - Bond|§ 53-6-50. Persons Required to Give

  Unless otherwise provided in this Code section, any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administrator shall be required to give bond with good and sufficient security.   A national banking association or a bank or trust company organized under the laws of this state that seeks to qualify as a personal representative of an intestate estate or temporary administrator shall not be required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $400,000.00 as reflected in its last statement filed with the comptroller of the currency of the United States or the commissioner of banking and finance or unless the instrument under which it seeks to qualify expressly provides that it shall give bond.   A person petitioning to qualify as a personal representative of an intestate estate may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual. The personal representative of a deceased heir is authorized to consent for that heir. In no case may consent on behalf of an heir who is not sui juris be effective if the person consenting is the person petitioning to serve as personal representative.   The provisions of this Code section shall not apply to bonds described in Code Section 53-6-41 and Code Section 53-6-53.     (Code 1981, §53-6-50, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 25.)   Cross references.   - Provisions regarding exemption of financial institutions from fiduciary bond or security requirements, § 7-1-311.   Law reviews.   - For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982).   RESEARCH REFERENCES   ALR.   - Who is resident within meaning of statute prohibiting appointment of nonresident executor or administrator, 9 A.L.R.4th 1223.
GA Code § 53-6-51 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 6 - Bond|§ 53-6-51. Requisites

  The bond of a personal representative or temporary administrator shall be secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state, shall be payable to the probate court for the benefit of all concerned, shall be conditioned upon the faithful discharge of the personal representative's or temporary administrator's duty as such as required by law, and shall be attested by the judge of the probate court or the clerk of the probate court.   Whenever a personal representative or temporary administrator is required to give bond, the probate court may order the personal representative or temporary administrator to post such bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on the bond posted pursuant to this Code section shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds.   The bond shall be in a sum equal to double the value of the estate to be administered; provided, however, that the bond shall be in an amount equal to the value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the personal representative or temporary administrator as fiduciary but, upon the conversion of the real property into personalty, a bond shall be given based upon the value of the estate, including the value of the personalty into which the real property was converted.   Substantial compliance with these requisites for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requisites as to payee, amount, or condition, where the manifest intention was to give bond as personal representative or temporary administrator and a breach of the fiduciary's duty as such has been proved.     (Code 1981, §53-6-51, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 26.)   Law reviews.   - For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982).   RESEARCH REFERENCES   10 Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 250.
GA Code § 53-6-52 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 6 - Bond|§ 53-6-52. Reduction

 If the value of an estate decreases, the probate court may permit a corresponding reduction in the amount of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct by the personal representative or temporary administrator.    (Code 1981, §53-6-52, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-53 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 6 - Bond|§ 53-6-53. Personal Representative Qualified to Serve Without, or Not Otherwise Legally Required to Give, Bond

 When a personal representative has qualified to serve without bond or is not otherwise required by law to give bond, the probate court, on its own motion or on the representation of any party in interest that the personal representative is mismanaging the estate, shall order the personal representative to appear and show cause as to why bond should not be given or the personal representative's letters revoked. The order shall be served in person on the personal representative at least ten days prior to the hearing. Failure to show cause shall authorize the court to require bond or to revoke the letters or to take any other action as may be necessary under the circumstances.    (Code 1981, §53-6-53, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-54 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 6 - Bond|§ 53-6-54. Recordation and Custody

 The clerk of the probate court shall record bonds in a book kept for that purpose and shall retain custody of the bonds.    (Code 1981, §53-6-54, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-61 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 7 - Compensation|§ 53-6-61. Expenses

 Personal representatives shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a bond, and the expenses of counsel and other agents. Such reasonable expenses shall be determined after such notice, if any, as the court shall direct.    (Code 1981, §53-6-61, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 28.)
GA Code § 53-6-62 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 7 - Compensation|§ 53-6-62. Extra Compensation

  A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made on all the heirs of an intestate decedent or on any affected beneficiaries under the will of a testate decedent. Service of notice shall be made in the manner provided by Chapter 11 of this title and shall direct the parties served to file any written objections to the extra compensation with the probate court within 30 days.   After hearing any objection filed by the heirs or beneficiaries of the estate, the probate court shall allow such extra compensation as the court deems reasonable; provided, however, that if no such objection is filed or any such objection is dismissed or withdrawn, the court, in its discretion, may enter an order allowing such extra compensation as the court deems reasonable without a hearing. The allowance of extra compensation shall be conclusive as to all parties in interest.   If the amount of compensation that is specified in a testator's will is less than the amount allowed under Code Section 53-6-60, the personal representative may petition for greater compensation in the manner provided in subsection (a) of this Code section.     (Code 1981, §53-6-62, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 18; Ga. L. 2020, p. 377, § 1-35/HB 865.)    The 2020 amendment,  effective January 1, 2021, in subsection (a), substituted "on" for "to" twice in the second sentence, and, in the last sentence, substituted "Service of notice shall be made in the manner provided by" for "Service shall be made in the manner described in" at the beginning, and substituted "30 days" for "ten days" at the end; added the proviso at the end of the first sentence in subsection (b); and substituted "provided in subsection (a) of this Code section" for "described in this Code section" at the end of subsection (c).   Law reviews.   - For article on the problems and benefits of multiple fiduciaries in estate planning, see 33 Mercer L. Rev. 355 (1981). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
GA Code § 53-6-63 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 7 - Compensation|§ 53-6-63. Compensation From Business Enterprise

  Any executor who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the decedent owns an interest in the corporation or other business enterprise, provided that:   The services provided by the executor to the corporation or other business enterprise are of a managerial, executive, or business advisory nature;   The compensation received for the services is reasonable; and   The services are performed and the executor is paid pursuant to a contract executed by the executor and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the executor and are not related to the executor and provided the contract is approved by the probate court of the county in which the administration proceeding is pending.     Any executor receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 53-6-62; provided, however, that nothing in this Code section shall prohibit the receipt by the executor of extra compensation for services rendered in respect to other assets or matters involving the estate.   Nothing in this Code section shall prohibit the receipt by executors of normal commissions and compensation for the usual services performed by executors pursuant to law or pursuant to any fee agreement executed by the testator.   The purpose of this Code section is to enable additional compensation to be paid to executors for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 53-6-62.     (Code 1981, §53-6-63, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article surveying developments in Georgia concerning partnerships and corporations from mid-1980 through mid-1981, see 33 Mercer L. Rev. 19 (1981).
GA Code § 53-6-64 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 7 - Compensation|§ 53-6-64. Compensation to Temporary Administrator

 A temporary administrator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 11 of this title. The court shall award reasonable compensation to a temporary administrator. For good cause, including but not limited to services performed and compensation awarded to a temporary administrator, the court may reduce the compensation due the personal representative under other provisions of this article.    (Code 1981, §53-6-64, enacted by Ga. L. 1997, p. 1352, § 19.)   Law reviews.   - For article commenting on the enactment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
GA Code § 53-7-2 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 1 - Powers and Duties Generally|§ 53-7-2. Administration of Entire Estate; Distribution of Residuum

 The personal representative shall be entitled to possess and administer the entire estate. If, after payment of debts and satisfaction of testamentary gifts, there are assets not given under the will, such assets shall be distributed to the heirs of the decedent as if the decedent had died intestate.    (Code 1981, §53-7-2, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For note, "Not Just For Kids: Why Georgia's Statutory Disinheritance of Deadbeat Parents Should Extend to Intestate Adults," see 43 Ga. L. Rev. 867 (2009).
GA Code § 53-7-3 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 1 - Powers and Duties Generally|§ 53-7-3. Powers and Immunities of Administrator With Will Annexed

 An administrator with the will annexed shall have all rights, powers, privileges, exemptions, and immunities of the executor, including the dispensation by the testator of the necessity of making inventory and returns.    (Code 1981, §53-7-3, enacted by Ga. L. 1996, p. 504, § 10.)