reglab/housing_qa huggingface dataset:
GA Code § 53-7-34 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 3 - Inventory|§ 53-7-34. Failure to Return a Correct Inventory

 Unless the inventory is waived pursuant to Code Section 53-7-32 or a testator by will dispenses with the necessity of having a personal representative make an inventory pursuant to Code Section 53-7-33, the failure of a personal representative to return a correct inventory shall be sufficient grounds for removal.    (Code 1981, §53-7-34, enacted by Ga. L. 1997, p. 1352, § 21.)   Law reviews.   - For article commenting on the enactment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
GA Code § 53-7-42 (2021)
2021 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|§ 53-7-42. Time for Payment of Debts; Time for Commencing Action to Recover Debt

  The personal representative shall not be required to pay the debts of the estate, wholly or in part, until six months from the date of qualification of the first personal representative to serve. If partial payment shall be made, it shall be pro rata on debts of equal priority, including debts due the personal representative, and shall continue pro rata until the debts of the estate shall be paid out. Successive dividends to creditors shall be made at the end of every year until the estate shall be paid out.   No action to recover a debt due by the decedent shall be commenced against the personal representative until the expiration of six months from the date of qualification of the first personal representative to serve.     (Code 1981, §53-7-42, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981). For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B.J. 24 (1985).   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 649 et seq., 659, 665, 834, 1197.   10 Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 672.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 522, 589.   ALR.    - Priority received by creditors as regards ancillary assets of receivership or decedent's estate as justification for reducing their claims or dividends upon distribution in the primary or domiciliary jurisdiction so as to effect ultimate equality among creditors as regards total assets, 92 A.L.R. 596; 127 A.L.R. 504.    Constitutionality, construction, and application of statute forbidding suit against representative of estate until expiration of prescribed period, 104 A.L.R. 892.    Treatment of personal claim of executor or administrator antedating the death of decedent, 144 A.L.R. 940.   Right of devisee or heir and duty of personal representative with respect to completion of improvements, 5 A.L.R.2d 1250.   Executors and administrators: construction of statutory provision giving priority on distribution to claims for wages of servants, employees, or the like, 52 A.L.R.3d 940.   Claims for expenses of last sickness or for funeral expenses as within contemplation of statute requiring presentation of claims against decedent's estate, or limiting time for bringing action thereon, 17 A.L.R.4th 530.
GA Code § 53-7-43 (2021)
2021 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|§ 53-7-43. Compelling Heirs or Beneficiaries to Contribute to Payment of Debt

 If the estate shall have been distributed to the heirs or beneficiaries without notice of an existing debt, a creditor may compel them to contribute pro rata to the payment of the debt.    (Code 1981, §53-7-43, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 649 et seq., 962 et seq.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 589.   ALR.    - Lien of judgment against heir or devisee as attaching to land solely by executor or administrator, 68 A.L.R. 1479.    Right of retainer in respect of indebtedness of heir, legatee, or distributee, 110 A.L.R. 1384; 164 A.L.R. 717.    Jurisdiction and power of equity to subject legacy, devise, or distributive share in estate to claim of creditor of legatee, devisee, or distributee, 123 A.L.R. 1293.   Time within which personal representative must commence action for refund of legacy or distribution, 29 A.L.R.2d 1248.   Construction and application of statutes apportioning or prorating estate taxes, 71 A.L.R.3d 247.   Remedies and practice under estate tax apportionment statutes, 71 A.L.R.3d 371.
GA Code § 53-7-44 (2021)
2021 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|§ 53-7-44. Satisfaction of Debts

 Except as otherwise provided by the will, any debt not due by its terms at the time for payment of debts of equal priority shall be satisfied and the estate shall be discharged with respect to such debt in such manner as the personal representative deems to be in the best interest of the estate in accordance with the following rules:    The debt may be prepaid in accordance with the terms of any right to prepay;   By agreement with the creditor, the debt may be satisfied before it is due by the payment of an amount representing the agreed present value of the debt;   By agreement with the creditor, the debt may be assumed by one or more heirs or beneficiaries or by any other person; and   By agreement with the creditor, or by order of the probate court after notice to the creditor and a hearing, arrangement for future payment may be made by creating a trust, giving a deed to secure debt or security interest, obtaining a bond or other security from one or more heirs or beneficiaries, or otherwise.     (Code 1981, §53-7-44, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 391, 392, 476, 479 et seq., 484, 509, 650, 1133, 1166 et seq., 1175.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 218, 236, 237.   ALR.    - Power of court to authorize compromise of infants' rights in controversies over estates or property, 33 A.L.R. 105.    Right of attorney whose selection is directed or suggested by will, against estate or personal representative, 166 A.L.R. 491.   Power and responsibility of executor or administrator to compromise claim due estate, 72 A.L.R.2d 191.   Tort claim as within nonclaim statutes, 22 A.L.R.3d 493.   Amount of claim filed against decedent's estate as limiting amount recoverable in action against estate, 25 A.L.R.3d 1356.   Liability of executor or administrator, or his bond, for loss caused to estate by act or default of his agent or attorney, 28 A.L.R.3d 1191.
GA Code § 53-7-45 (2021)
2021 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|§ 53-7-45. Compromise of Claims

 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.    (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).   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 185, 186, 191, 192, 474 et seq.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 216, 239.   ALR.    - Measure of damages in action for personal injuries commenced by deceased in his lifetime and revived by personal representative, 7 A.L.R. 1355; 42 A.L.R. 187.    Right of executor, administrator, or testamentary trustee to commission in respect of his own debt to estate or trust, 88 A.L.R. 189; 104 A.L.R. 1301.    Payment to one of two or more trustees, executors, or administrators, 106 A.L.R. 109.    Payment of negotiable paper to, or enforcement thereof by, personal representative of owner appointed in one state as affected by appointment of another representative in another state, 114 A.L.R. 1461; 149 A.L.R. 1083.    Kind of verdict or judgment, or verdicts or judgments, where administrator or executor whose decedent was negligently killed brings an action which combines a cause of action for benefit of estate and another for statutory beneficiaries, 124 A.L.R. 621.   Trustee's power to compromise and settle claims and actions by or against trust estate, 35 A.L.R.2d 967.   Power and responsibility of executor or administrator to compromise claim due estate, 72 A.L.R.2d 191.   Amount of claim filed against decedent's estate as limiting amount recoverable in action against estate, 25 A.L.R.3d 1356.   Statute of limitations: effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141.
GA Code § 53-7-51 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 5 - Discharge and Resignation|§ 53-7-51. Discharge When Funds Unclaimed

 If funds are in the hands of the personal representative and no person claims such funds, the probate court may nevertheless grant a discharge.    (Code 1981, §53-7-51, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 36.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 272, 309.   C.J.S.   - 33 C.J.S., Executors and Administrators, § 100.
GA Code § 53-7-52 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 5 - Discharge and Resignation|§ 53-7-52. Discharge of Temporary Administrator

 A temporary administrator may be discharged in the same manner as provided for discharge of personal representatives.    (Code 1981, §53-7-52, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 269, 272, 278 et seq., 294 et seq.   C.J.S.   - 33 C.J.S., Executors and Administrators, § 90 et seq.
GA Code § 53-7-53 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 5 - Discharge and Resignation|§ 53-7-53. Discharge Obtained by Fraud

 A discharge obtained by the personal representative by means of any fraud is void and may be set aside on motion and proof of fraud.    (Code 1981, §53-7-53, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 272, 309.   C.J.S.   - 33 C.J.S., Executors and Administrators, § 100.
GA Code § 53-7-54 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 5 - Discharge and Resignation|§ 53-7-54. Breach of Fiduciary Duty

  If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action:   To recover damages;   To compel the performance of the personal representative's or temporary administrator's duties;   To enjoin the commission of a breach of fiduciary duty;   To compel the redress of a breach of fiduciary duty by payment of money or otherwise;   To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate;   To remove the personal representative or temporary administrator; and   To reduce or deny compensation to the personal representative or temporary administrator.     When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a constructive trust shall attach to the assets.   The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.   In any action or proceeding brought pursuant to this Code section, service of notice or process shall be made in the manner provided by Chapter 11 of this title if Chapter 11 of this title is applicable under Code Section 53-11-1. If Chapter 11 of this title is not applicable to such action or proceeding under Code Section 53-11-1, such service shall be made in the manner provided by Chapter 11 of Title 9 unless Chapter 11 of such title is not applicable to such action or proceeding under Code Section 9-11-81.     (Code 1981, §53-7-54, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-45/HB 865.)    The 2020 amendment,  effective January 1, 2021, inserted "constructive" in subsection (b); and added subsection (d).
GA Code § 53-7-56 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 5 - Discharge and Resignation|§ 53-7-56. Resignation

  A personal representative may resign:   In the manner and under the circumstances described in the will;   Upon petition to the probate court, showing that the resignation has been requested in writing by all heirs of an intestate estate or all beneficiaries of a testate estate; or   Upon petition to the probate court, showing to the satisfaction of the court that:   The personal representative is unable to continue serving due to age, illness, infirmity, or other good cause;   Greater burdens have developed upon the office of personal representative than those that originally were contemplated or should have been contemplated when the personal representative was qualified and the additional burdens would work a hardship upon the personal representative;   Disagreement exists between one or more of the beneficiaries or heirs and the personal representative in respect to the personal representative's management of the estate, which disagreement and conflict appear deleterious to the estate;   The resignation of the personal representative will result in or permit substantial financial benefit to the estate;   The resigning personal representative is one of two or more acting personal representatives and the other personal representatives will continue in office with no adversity to the estate contemplated; or   The resignation would not be disadvantageous to the estate.       A personal representative's petition to resign shall be made to the probate court and the court shall cause citation to issue and service of notice to be made upon all the heirs of an intestate estate or the beneficiaries of a testate estate in the manner provided by Chapter 11 of this title.     (Code 1981, §53-7-56, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-47/HB 865.)    The 2020 amendment,  effective January 1, 2021, substituted "that originally were" for "which were originally" in subparagraph (a)(3)(B); and, in subsection (b), substituted "the court shall cause citation to issue and service of notice to" for "service shall" and inserted "in the manner provided by Chapter 11 of this title" at the end.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 306, 307.   C.J.S.   - 33 C.J.S., Executors and Administrators, §§ 103, 104, 105.   ALR.    - Right of executor or administrator to resign, 91 A.L.R. 712.
GA Code § 53-8-2 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 1 - Investments|§ 53-8-2. Real Property

 A personal representative is authorized to invest estate funds in real property after first obtaining an order to that effect from the probate court or from the superior court. Service shall be made as provided in Chapter 11 of this title to the heirs of an intestate estate or the beneficiaries of a will. The court shall be authorized to grant the order immediately if the heirs or beneficiaries acknowledge service and consent to the petition or at any time after ten days after perfection of service.    (Code 1981, §53-8-2, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For note discussing and comparing the prudent man rule and the legal list rule in trustee investment, see 15 Mercer L. Rev. 530 (1964).   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 510, 511, 520.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 274 et seq., 357.   ALR.    - Effect of beneficiary's consent to, acquiescence in, or ratification of, improper investments or loans (including failure to invest) by trustee or other fiduciary, 128 A.L.R. 4.
GA Code § 53-8-3 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 1 - Investments|§ 53-8-3. Securities, Obligations, and Interest-Bearing Deposits

 A personal representative is authorized to invest estate funds in:    Bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds;   Bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36;   Bonds and other securities issued by this state or by the Board of Regents of the University System of Georgia;   Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds of which are guaranteed by the United States government as provided in Code Section 53-8-4; and   Interest-bearing deposits in any chartered state or national bank or trust company or savings and loan association located in this state to the extent the deposits are insured by the Federal Deposit Insurance Corporation or comparable insurance.     (Code 1981, §53-8-3, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For note discussing and comparing the prudent man rule and the legal list rule in trustee investment, see 15 Mercer L. Rev. 530 (1964).   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 510, 517, 525, 527.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 274 et seq., 357.   ALR.    - Liability of executor, administrator, or trustee and his sureties for depreciation in value of corporate stock or other corporation securities held by estate or trust, because of his conduct, for which he is directly responsible to the corporation, 62 A.L.R. 563.    Liability for interest or profits on funds of estate deposited in bank or trust company which is itself executor, administrator, trustee, or guardian, or in which executor, etc., is interested, 88 A.L.R. 205.    Effect of beneficiary's consent to, acquiescence in, or ratification of, improper investments or loans (including failure to invest) by trustee or other fiduciary, 128 A.L.R. 4.   Construction and effect of instrument authorizing or directing trustee or executor to retain investments received under such instrument. 47 A.L.R.2d 187.
GA Code § 53-8-4 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 1 - Investments|§ 53-8-4. Government Obligations; Standard of Prudence; Corporate Fiduciaries

  Whenever by law or by an instrument or court order establishing a fiduciary relationship the personal representative is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 53-8-3, the personal representative may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as now or hereafter amended, so long as:   The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;   Such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; and   Such investment company or investment trust is operated so as to provide a constant net asset value or price per share.     Nothing contained in this Code section shall be construed as relieving any personal representative from any duty or liability a personal representative has under the standard of prudence set forth in Code Section 53-8-1.   The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.     (Code 1981, §53-8-4, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-8-10 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 2 - Sales and Conveyances|§ 53-8-10. Authority of Personal Representative; Petition by Temporary Administrator

  Subject to the provisions of this article, a personal representative may sell, rent, lease, exchange, or otherwise dispose of property, whether personal, real, or mixed, for the purpose of payment of debts, for distribution of the estate, or for any other purpose that is in the best interest of the estate; provided, however, that nothing in this article shall be construed to limit, enlarge, or change any authority, power, restriction, or privilege specifically provided by will or incorporated into a will or otherwise granted to the personal representative in accordance with the provisions of subsection (b) of Code Section 53-7-1.   A temporary administrator is authorized to petition the probate court for leave to sell or otherwise deal with property of the estate following the procedures described in this article, provided that good cause is shown.     (Code 1981, §53-8-10, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-55/HB 865.)    The 2020 amendment,  effective January 1, 2021, in subsection (a), substituted "estate," for "estate;", substituted "estate; provided, however," for "estate, provided"; and, in subsection (b), substituted "article, provided, that" for "article; provided, however, that".   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2020, the comma after "article, provided" in subsection (b) was deleted.