reglab/housing_qa huggingface dataset:
GA Code § 53-7-4 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 1 - Powers and Duties Generally|§ 53-7-4. 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 executors, pending litigation of caveats to wills, are authorized to carry out existing contracts of the decedent, carry on the business of the decedent, and do such acts as are necessary for the protection and preservation of the estate provided proper orders are secured from the probate court after due notice to all parties in interest.    (Code 1981, §53-7-4, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-5 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 1 - Powers and Duties Generally|§ 53-7-5. Powers, Duties, and Liabilities if More Than One Personal Representative; Safe Deposit Boxes or Receptacles

  If more than one personal representative is qualified and unless the will provides otherwise:   The personal representatives must act by their unanimous action; provided, however, that while a personal representative is unable to act because of inaccessibility, illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining personal representatives may act as if they were the only personal representatives if necessary to administer the estate; and   The personal representatives may delegate in writing to one or more of them the authority to act for all of them; provided, however, that such delegation must satisfy the requirements of Code Sections 10-6B-5 and 10-6B-40, and that all the personal representatives remain liable for the actions of the personal representative who is authorized to act.     If more than one personal representative is qualified and unless the will provides otherwise, a personal representative is liable for a breach committed by another personal representative:   By participating in a breach of fiduciary duty committed by the other personal representative;   By approving, knowingly acquiescing in, or concealing a breach of fiduciary duty committed by the other personal representative;   By negligently enabling the other personal representative to commit a breach of fiduciary duty; or   By neglecting to take reasonable steps to compel the other personal representative to redress a breach of fiduciary duty in a case where the personal representative knows or reasonably should have known of the breach of trust.     When safe-deposit boxes or receptacles are leased or rented to fiduciaries, including executors, administrators, guardians, trustees, custodians, receivers, and the like, the fiduciary or fiduciaries, as lessee or renter, may authorize the entering of the box or receptacle by one or fewer than all of them or by any other person without the presence or consent of the fiduciary or fiduciaries. Upon receipt of the written authorization, the bank or lessor may without liability authorize access to the box or receptacle in accordance with such authorization. Upon cancellation of the authorization, the bank or lessor may require the presence of all lessees or renters for access.     (Code 1981, §53-7-5, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-37/HB 865.)    The 2020 amendment,  effective January 1, 2021, inserted "such delegation must satisfy the requirements of Code Sections 10-6B-5 and 10-6B-40, and that" in paragraph (a)(2); and substituted "safe-deposit" for "safe deposit" in subsection (c).   Cross references.   - Procedure for opening safe-deposit box when depositor dies or becomes incompetent, § 7-1-356.   Law reviews.   - For article on the problems and benefits of multiple fiduciaries in estate planning, see 33 Mercer L. Rev. 355 (1981).
GA Code § 53-7-7 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 1 - Powers and Duties Generally|§ 53-7-7. Disposition of Income Received During Administration

 Except as otherwise provided in the will, income received by an executor during the period of administration from property that is used to pay debts, taxes, expenses of administration, general testamentary gifts, and other expenses chargeable to corpus shall be paid to the income beneficiaries of the residuum of the estate; provided, however, that nothing contained in this Code section shall alter or repeal Code Section 53-4-60.    (Code 1981, §53-7-7, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-8 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 1 - Powers and Duties Generally|§ 53-7-8. Support and Education of Minor Heirs and Beneficiaries Without Conservators

 Whenever a personal representative has paid all the debts of the decedent and all claims against the estate, and property due minor heirs or beneficiaries for whom no one applies to be conservator is left in the personal representative's hands, the personal representative may, under the direction of the probate court, apply so much of the minor's share of the decedent's estate as may be necessary for support and education as conservators are allowed by law to do.    (Code 1981, §53-7-8, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-39/HB 865.)    The 2020 amendment,  effective January 1, 2021, substituted "conservator" for "guardian" and "conservators" for "guardians" in this Code section.
GA Code § 53-7-10 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-10. Allowable Defenses; Generally

  For purposes of this article, the term "personal representative" includes temporary administrators.   When an action is brought against a personal representative in that person's representative capacity, the personal representative may make the following defenses:   That person does not occupy the position of personal representative, as alleged;   That no assets have come into the hands of the personal representative;   That all assets coming into the hands of the personal representative have been fully administered;   That all assets coming into the hands of the personal representative have been fully administered except those necessary to satisfy debts of a greater priority;   That the personal representative has fully administered the assets that came into the personal representative's hands; or   That, pending the action, the letters testamentary or of administration have been revoked and the administration committed to another to whom all the assets that came into the personal representative's hands have been delivered.       (Code 1981, §53-7-10, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-11 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-11. Allowable Defenses; Action Originating in Lifetime of Decedent

 When the cause of action originated in the lifetime of the decedent, a personal representative may make any defense or pleading that the decedent could have made if alive.    (Code 1981, §53-7-11, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-40/HB 865.)    The 2020 amendment,  effective January 1, 2021, substituted "pleading that" for "pleading which" in this Code section.
GA Code § 53-7-12 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-12. Survival of Action

 An action against joint personal representatives shall not abate by the death of one but shall proceed against the survivor or survivors.    (Code 1981, §53-7-12, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Substitution of parties by reason of death, § 9-11-25.
GA Code § 53-7-13 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-13. Service of Notice, Writ, or Process

  In any action or proceeding brought pursuant to this article, service of any notice, writ, 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 said title is not applicable to such action or proceeding under Code Section 9-11-81.   In all cases where there are two or more personal representatives and one or more of them remove beyond the limits of this state, service of any notice, writ, or process upon those remaining in the state shall be as effectual and complete, for all purposes whatever, as though such service had been made upon all of the personal representatives.     (Code 1981, §53-7-13, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-41/HB 865; Ga. L. 2021, p. 922, § 53/HB 497.)    The 2020 amendment,  effective January 1, 2021, added subsection (a); designated the existing provisions as subsection (b); and, in subsection (b), substituted "notice, writ, or process" for "writ or process" and inserted "such".    The 2021 amendment,  effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted "remove" for "removes" in the middle of subsection (b).
GA Code § 53-7-14 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-14. Action Against Removed Personal Administrator

  When letters testamentary or letters of administration are revoked, no action by or against the removed personal representative shall abate. The newly appointed personal representative may be made a party plaintiff or defendant in place of the removed personal representative.   The revocation of letters of administration shall not abate any action pending for or against the personal representative, but the newly appointed personal representative shall be made a party in proper cases as in the death of a party.     (Code 1981, §53-7-14, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Substitution of parties by reason of death, § 9-11-25.
GA Code § 53-7-15 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-15. Applicability of Provisions Relating to Sureties on Guardians' or Conservators' Bonds

 The provisions of law governing the situation in which the surety on a guardian's or conservator's bond dies, becomes insolvent, removes beyond the limits of this state, from other cause becomes insufficient, or desires to be relieved as surety shall be applicable to sureties on personal representatives' bonds.    (Code 1981, §53-7-15, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-42/HB 865.)    The 2020 amendment,  effective January 1, 2021, inserted "or conservator's" in this Code section.
GA Code § 53-7-16 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-16. Joint and Several Liability of Personal Representative and Sureties

 The personal representative and sureties shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a personal representative removes beyond the limits of this state, dies and leaves an unrepresented estate, or is in such a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that personal representative in the personal representative's representative capacity may institute an action against the sureties or any one or more of them upon the bond of the personal representative in the first instance, without first obtaining a judgment against the personal representative in that person's representative capacity. No prior judgment establishing the liability of the personal representative or a devastavit by the personal representative shall be necessary before an action is brought against the sureties on the bond.    (Code 1981, §53-7-16, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-17 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-17. Liability on Common Bond of Two or More Personal Representatives

 If two or more personal representatives unite in a common bond, all the sureties shall be bound for the acts of each personal representative and the personal representatives themselves shall be mutual sureties for each other's conduct.    (Code 1981, §53-7-17, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   10 Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 672.
GA Code § 53-7-18 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-18. Liability of Sureties on Bond of Removed Personal Representative

 In all cases of removal of a personal representative for any cause, the sureties on that personal representative's bond shall be liable for the personal representative's acts in connection with the estate up to the time of settlement with another personal representative or the distributees of the estate.    (Code 1981, §53-7-18, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-19 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 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 any heir or beneficiary of the estate, the heir or beneficiary may bring an action on the bond of the personal representative in the first instance and may recover judgment against the principal and the principal's sureties without first bringing an action against the personal representative in that person's representative capacity.    (Code 1981, §53-7-19, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-20 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 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 upon any liability of the decedent and a return of writ of execution marked nulla bona, the plaintiff may at once bring an action on the bond of the personal representative and may recover judgment against the principal and the sureties in the same action. If the principal has removed beyond the limits of this state or has died and has no legal representative, the plaintiff may bring an action against the sureties on the bond alone, without joining the principal.    (Code 1981, §53-7-20, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-21 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-21. Against What Property Judgment Levied

 In an action against a personal representative in that person's representative capacity, the judgment shall generally be de bonis testatoris. However, when the personal representative unsuccessfully makes any of the defenses described in Code Section 53-7-10 or a release, the judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the property of the decedent, if found, and if such property is not found, then to be levied on the property of the defendant personal representative.    (Code 1981, §53-7-21, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-22 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-22. Levy Upon Property; Entering of Judgment and Issuance of Execution

  When a judgment has been obtained against the principal and surety or sureties on the bond of a personal representative, guardian, or other fiduciary, a levy may be made upon any property of any defendant in fi. fa.   The probate court shall be authorized to enter a judgment and to issue a writ of execution against the principal and surety or sureties on the bond of a personal representative, guardian, or other fiduciary and shall be further authorized to grant judgment and execution in favor of the surety or sureties against the principal upon payment of the judgment by the surety or sureties.     (Code 1981, §53-7-22, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-23 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 2 - Actions Against Personal Representatives|§ 53-7-23. Property Upon Which Execution Levied

 In all cases of judgments recovered against a personal representative and the sureties of a personal representative, the execution shall first be levied on the property of the sureties, and no levy shall be made on the property of the principal until there is a return of nulla bona as to the sureties.    (Code 1981, §53-7-23, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-7-30 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 3 - Inventory|§ 53-7-30. Filing and Contents

 Unless otherwise provided by will or relieved under Code Section 53-7-32 or 53-7-33, the personal representative shall prepare an inventory of all the property of the decedent. The personal representative shall file the inventory with the probate court and shall deliver a copy of the inventory to the beneficiaries of a testate estate or the heirs of an intestate estate by first-class mail within six months after the qualification of the personal representative. It shall not be necessary to mail a copy of the inventory to any beneficiary or heir who is not sui juris or for the court to appoint a guardian for such person. The time for filing the inventory may be extended by the probate court for good cause shown. The inventory shall state that it contains a true statement of all the property of the decedent within the knowledge of the personal representative and shall be verified in the same manner as a petition filed in the probate court. The inventory shall state that the inventory has been mailed to all beneficiaries or heirs who are entitled to receive the inventory and shall provide the name of any beneficiary or heir who has waived the right to receive the inventory, as provided in Code Section 53-7-32.    (Code 1981, §53-7-30, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 20; Ga. L. 1998, p. 1586, § 30.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, "Section" was substituted for "Sections" prior to "53-7-32" in the first sentence of subsection (a).   Law reviews.   - 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, § 488 et seq.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 174 et seq.   ALR.    - Renewal of copyright where author is dead, 19 A.L.R. 295.
GA Code § 53-7-31 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 3 - Inventory|§ 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 made jointly by all the personal representatives but shall not be conclusive proof of joint possession of the assets.    (Code 1981, §53-7-31, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 992, 993, 997, 1000, 1001.   10 Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 298.
GA Code § 53-7-32 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 3 - Inventory|§ 53-7-32. Waiver of Right to Receive; Relieving Personal Representative of Duty to Make

  Any beneficiary of a testate estate or heir of an intestate estate may waive individually the right to receive the inventory from the personal representative. Such waiver shall be made in a signed writing that is delivered to the personal representative and may be revoked in writing by the beneficiary or heir at any time.   By unanimous written consent, the beneficiaries of a testate estate or the heirs of an intestate estate may authorize the probate court to relieve the personal representative of the duty to make inventory in the same manner as described in subsection (b) of Code Section 53-7-1. Any such unanimous written consent, regardless of the date of execution, which relieves the personal representative from making inventory shall also relieve the personal representative from sending a copy of the inventory to the heirs or beneficiaries.     (Code 1981, §53-7-32, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 31.)   Law reviews.   - For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982).
GA Code § 53-7-33 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 3 - Inventory|§ 53-7-33. Power of Testator to Dispense With Making Inventory

 A testator may, by will, dispense with the necessity of the personal representative's making an inventory to the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file inventories or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be construed as dispensing with the necessity of inventories in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will. In all wills, regardless of the date of execution, relief from making inventory with the court shall also relieve the personal representative from sending a copy of the inventory to the beneficiaries.    (Code 1981, §53-7-33, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 32.)   Law reviews.   - For article discussing methods of simplifying the administration of estates by excusing the executors from certain obligations, see 6 Ga. L. Rev. 74 (1971).