GA Code § 53-8-13 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 2 - Sales and Conveyances|§ 53-8-13. General Procedures

  A personal representative desiring to sell, rent, lease, exchange, or otherwise dispose of property other than property that is perishable, liable to deteriorate, or expensive to keep or listed stocks and bonds shall file a petition with the probate court stating the property involved and the interests in such property; the specific purpose of the transaction; the proposed price, if any; and all other terms or conditions proposed for the transaction and listing the names, addresses, and ages or majority status of all heirs of an intestate estate or of all beneficiaries of a testate estate. In the event full particulars are lacking, the petition shall state the reasons for any such omission.   Upon the filing of the petition by the personal representative, the court shall issue a citation and serve notice on the heirs of an intestate estate or the affected beneficiaries of a testate estate in accordance with the provisions of Chapter 11 of this title.   If no written objection by a person so served with notice is filed within the appropriate period of time following the service of such notice, as provided by Chapter 11 of this title, the probate court shall order such sale summarily in the manner and terms petitioned. If timely written objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the estate, which may require the sale to be private or at public outcry including confirmation of the sale by the court or otherwise. An appeal shall lie to the superior court in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases.   A personal representative shall make a full return to the probate court of every sale, specifying the property sold, the purchasers, the amounts received, and the terms of the sale.   The recital in the personal representative's deed of compliance with the provisions of this Code section shall be prima-facie evidence of the facts recited.   Where a personal representative sells real property under the provisions of this Code section, liens on such real property may be divested and transferred to the proceeds of the sale as a condition of the sale.     (Code 1981, §53-8-13, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 25; Ga. L. 2020, p. 377, § 1-57/HB 865.)    The 2020 amendment,  effective January 1, 2021, in subsection (a), in the first sentence, substituted a semicolon for a comma three times, substituted "listing the" for "a list of", substituted "all heirs of" for "heirs in", and substituted "all beneficiaries of" for "beneficiaries in"; in subsection (b), substituted "the filing of the petition by the personal representative, the court shall issue a citation and serve notice on" for "filing the petition, notice shall be given to"; in subsection (c), in the first sentence, substituted "served with notice" for "notified" and inserted "the service of such"; and, in subsection (e), substituted "the provisions of this Code section" for "legal provisions".   Cross references.   - Livestock dealers and auctions, T. 4, C. 6.    Regulation of advertising generally, § 10-1-420 et seq.    Age of majority, § 39-1-1.    Abolition of dower, § 53-1-3.   Guardians ad litem and appraisers for year's support in probate court proceedings, Uniform Rules for the Probate Courts, Rule 23.   Law reviews.   - For article discussing methods of summary distribution and settlement of decedent's estate, see 6 Ga. L. Rev. 74 (1971). For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under Ga. L. 1943, p. 236, § 5, are included in the annotations for this Code section.    While word "trustee," used in broad sense, includes guardians,  the law will not permit other than strict construction of the word, which will not include a guardian. 1960-61 Op. Att'y Gen. p. 247 (decided under Ga. L. 1943, p. 236, § 5).   RESEARCH REFERENCES   Am. Jur. 2d.   - 25 Am. Jur. 2d, Easements and Licenses, § 11. 26 Am. Jur. 2d, Eminent Domain, § 261. 31 Am. Jur. 2d, Executors and Administrators, §§ 614, 724 et seq., 727 et seq., 732, 737 et seq., 755, 765 et seq., 787, 794, 804 et seq., 812, 814, 815, 825, 872, 881.   C.J.S.   - 29A C.J.S., Eminent Domain, § 263. 30A C.J.S., Equity, § 59 et seq. 34 C.J.S., Executors and Administrators, §§ 329, 358 et seq., 404, 407, 653, 654, 659 et seq., 671, 678 et seq., 700, 702 et seq., 728 et seq., 745 et seq., 757 et seq., 765 et seq.   ALR.    - Right to exercise power of sale of real estate after time limited by will, 31 A.L.R. 1394.    Power of those who accept executorship or trusteeship to exercise right to sell real property conferred by will on several named as executors and trustees, some of whom fail to refuse to accept, 36 A.L.R. 826.    Right of personal representative or heir to sell burial lot owned by deceased, 76 A.L.R. 1371.    Liability of sureties on bond of executor or administrator c.t.a. in respect of proceeds of sale or real property which he was directed or empowered by will to sell, 91 A.L.R. 943.    Liability for debts of decedent's estate of property which has passed out of hands of beneficiary of estate in whose hands it was liable, 103 A.L.R. 1004.    Trustee's, executor's, administrator's, or guardian's purchase from or sale to corporation of which he is an officer or stockholder, as voidable or as ground for surcharging his account, 105 A.L.R. 449.    Liability to heirs, devisees, legatees, or distributees of executor or administrator or his bond in respect of invalid sale of property of the estate, 106 A.L.R. 429.    Void or voidable character of sale made in violation of statute providing that no representative making sale shall be interested therein, but confirmed by court, 111 A.L.R. 1362.    Expectant, conditional, or contingent nature of gift or bequest to person in specified relationship to decedent as preventing deduction or exemption in computing estate tax, 112 A.L.R. 266.    Construction and application of statutory provisions permitting the sale of homestead for purpose of paying decedent's debts or legacies, 116 A.L.R. 85.   Power of sale conferred on executor by testator as authorizing private sale, 11 A.L.R.2d 955.   Implied power of executor or testamentary trustee to sell real estate, 23 A.L.R.2d 1000.   Power of executor to create easements, 44 A.L.R.2d 573.   Power of executor or trustee with power to sell or to lease real property, or to do both, to give an option to purchase, 83 A.L.R.2d 1310.   Enforceability of contractual right, in which fiduciary has interest, to purchase property of estate or trust, 6 A.L.R.4th 786.