reglab/housing_qa huggingface dataset:
GA Code § 53-8-11 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 2 - Sales and Conveyances|§ 53-8-11. Property That Is Perishable, Liable to Deteriorate, or Expensive to Keep

 Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable and in such manner as the probate court shall determine to be in the best interest of the estate, after such service of notice and opportunity for hearing, if any, as the probate court shall deem practicable under the circumstances.    (Code 1981, §53-8-11, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-56/HB 865.)    The 2020 amendment,  effective January 1, 2021, inserted "service of" in this Code section.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 725, 728 et seq., 736, 797, 799 et seq., 806, 1048, 1054.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 404, 702, 714.
GA Code § 53-8-12 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 2 - Sales and Conveyances|§ 53-8-12. Stocks or Bonds

 Stocks or bonds, either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia, may be sold at private sale without order from or report to the probate court at a sales price not less than the stock exchange bid price or the published bid price at the time of sale. Reasonable brokerage commissions, not in excess of those customarily charged by stock exchange members, may be paid.    (Code 1981, §53-8-12, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 725, 728 et seq. 76 Am. Jur. 2d, Trusts, § 430 et seq.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 654, 719.   ALR.   - What included in term "bonds" in will, 35 A.L.R.2d 1095.
GA Code § 53-8-14 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 2 - Sales and Conveyances|§ 53-8-14. Warranty; Personal Liability of Personal Representative

  Regardless of whether a personal representative has the powers provided by paragraph (1) of subsection (b) of Code Section 53-12-261 or by the corresponding provision of any statute incorporated pursuant to subsection (d) of Code Section 53-12-263 or otherwise has similar such powers, and regardless of whether such powers are granted by a probate court or are enumerated in or incorporated by reference into a will by a testator, a personal representative may not bind the estate by any warranty in any conveyance or contract.   A personal representative shall not be bound personally by any warranty in any conveyance or contract, unless the intention to create a personal liability is distinctly expressed.     (Code 1981, §53-8-14, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-58/HB 865.)    The 2020 amendment,  effective January 1, 2021, rewrote this Code section, which read: "A personal representative may not bind the estate by any warranty in any conveyance or contract, nor shall a personal representative be personally bound by such covenant, unless the intention to create a personal liability is distinctly expressed."   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, § 790.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 775.   ALR.    - Personal liability of trustee, executor, administrator, or guardian, as affected by terms of contract or form of signature, 138 A.L.R. 155.
GA Code § 53-8-15 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 8 - Investments, Sales, and Conveyances|Article 2 - Sales and Conveyances|§ 53-8-15. Passage of Title to Heirs or Beneficiaries; Assent of Personal Representative

  The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them, except as otherwise provided in Code Section 53-2-7.   Such assent may be express or may be presumed from the conduct of the personal representative. Assent should be evidenced in writing as a deed of conveyance to real property, bill of sale conveying tangible personal property, or an assignment or transfer of interests in intangible personal property.   In the absence of prior assent, the discharge of a personal representative shall be conclusive evidence of the personal representative's assent.   At any time after the lapse of one year from the date of qualification of the personal representative, an heir or beneficiary who is entitled to the distribution of property from an estate may, personally or by a guardian or conservator:   Cite the personal representative in the probate court to show cause why assent should not be given after service of notice in accordance with Chapter 11 of this title; and   Subject to Code Section 23-1-4, compel such assent by an equitable proceeding.       (Code 1981, §53-8-15, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 42; Ga. L. 2020, p. 377, § 1-59/HB 865.)    The 2020 amendment,  effective January 1, 2021, in subsection (d), substituted "a guardian or conservator: (1) Cite" for "guardian, cite", and substituted "after service of notice in accordance with Chapter 11 of this title; and (2) Subject to Code Section 23-1-4," for "and may".   Law reviews.   - For article advocating uniform treatment of the devolution of title, and abolition of distinctions based on the form of wealth or the fact of intestacy, see 10 Ga. L. Rev. 447 (1976). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 61 Mercer L. Rev. 385 (2009).   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 1, 3, 11 et seq., 21, 504, 535, 649, 914, 915, 917, 919, 943, 973, 974. 80 Am. Jur. 2d, Wills, § 1493.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 332, 340, 396, 602 et seq., 639, 629.   ALR.    - Duty and liability of executor (or administrator with will annexed) in respect of personal property specifically bequeathed, and not needed for payment of debts, 127 A.L.R. 1071.    Title of, or right to possession by, specific legatee prior to order or decree of distribution, 150 A.L.R. 91.
GA Code § 53-9-1 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 1 - Administration of Estate|§ 53-9-1. Presumption or Proof of Death; Presumption That Missing Person Predeceased Other Deceased Individual; Perils or Tragedies Resulting in Probable Death

  A domiciliary of this state who has been missing from the last known place of domicile for a continuous period of four years shall be presumed to have died; provided, however, that such presumption of death may be rebutted by proof. The date of death is presumed to be the end of the four-year period unless it is proved by a preponderance of the evidence that death occurred earlier.   When any domiciliary of this state has been missing from the last known place of domicile for a continuous period of 12 months or more, the death of the individual may be proved by a preponderance of the evidence.   Notwithstanding any proof of a date of death that is earlier than the end of the four-year period set out in subsection (a) of this Code section, the missing individual shall be deemed to have predeceased any other individual who has died prior to the date any petition for letters or other action on the missing individual's estate is filed and from whom the missing individual would have taken an interest in property as an heir or beneficiary or otherwise.   When any domiciliary of this state has been exposed to a specific peril or tragedy resulting in probable death, the death of the individual may be proved by clear and convincing evidence at any time after such exposure.     (Code 1981, §53-9-1, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2003, p. 332, § 1.)   Cross references.   - Presumptions, § 24-14-20 et seq.   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 § 53-9-3 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 1 - Administration of Estate|§ 53-9-3. Hearing; Finding of Death

 At the hearing the probate court shall hear such evidence as shall be offered for the purpose of ascertaining whether a diligent and reasonable effort has been made to locate the missing individual and, if appropriate, such evidence that is offered to show that the missing individual is dead or alive. No person shall be disqualified from testifying by reason of being the spouse of the missing individual or having an interest in the estate of the missing individual. If the court finds that a diligent and reasonable effort has been made to locate the missing individual and that a presumption of death has been established and has not been rebutted as provided under subsection (a) of Code Section 53-9-1 or that death has been proved by a preponderance of the evidence as provided in subsection (b) of Code Section 53-9-1, the court shall enter an order finding that the missing individual is dead and specifying the date of death.    (Code 1981, §53-9-3, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Absentees, §§ 1, 2, 17, 19.   C.J.S.   - 1 C.J.S., Absentees, §§ 4, 5, 8 et seq., 18, 19, 20, 24, 25, 26.   ALR.    - Validity of by-law of mutual benefit association preventing recovery upon presumption of death from seven years' absence, 36 A.L.R. 982; 40 A.L.R. 1274.    Presumption of death from absence as affected by fact that person was fugitive from justice, 44 A.L.R. 1488.    Presumption of death as evidence, 115 A.L.R. 404.   Form and sufficiency of proof of death in case of insured's disappearance, 26 A.L.R.2d 1073.   Necessity and sufficiency of showing of search and inquiry by one relying on presumption of death from 7 years' absence, 99 A.L.R.2d 307.
GA Code § 53-9-4 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 1 - Administration of Estate|§ 53-9-4. Issuance of Letters or Order

 At any time after the entering of the order finding the missing individual to be dead, the probate court shall issue letters of administration or letters testamentary or an order granting year's support or an order that no administration is necessary in conformity with all of the requirements of the appropriate laws of this state on the estate of the missing individual and such letters or order, unless revoked, and all acts done in pursuance thereof and in reliance on such letters or order shall be as valid as if the missing individual were known to be dead.    (Code 1981, §53-9-4, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 359, 361, 366, 367, 374 et seq., 396. 79 Am. Jur. 2d, Wills, § 736.   C.J.S.   - 1 C.J.S., Absentees, §§ 1 et seq., 9. 95 C.J.S., Wills, §§ 472, 473.
GA Code § 53-9-5 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 1 - Administration of Estate|§ 53-9-5. Revocation of Letters Upon Proof That Missing Individual Is Alive

 Upon petition of the missing individual, the probate court shall revoke the letters of administration or letters testamentary at any time on due and satisfactory proof that the missing individual is in fact alive. After such revocation, all the powers of the personal representative shall cease, but all receipts or disbursements of assets or other acts previously done by the personal representative shall remain valid, and the personal representative shall settle and account for the administration to the time of such revocation and shall transfer all assets remaining to the missing individual or such individual's duly authorized agent or attorney.    (Code 1981, §53-9-5, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Absentees, §§ 5, 6.   C.J.S.   - 1 C.J.S., Absentees, §§ 1, 2, 3.
GA Code § 53-9-6 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 1 - Administration of Estate|§ 53-9-6. Recovery of Property by Missing Individual

 At any time before the expiration of two years after letters or an order for year's support or an order that no administration is necessary is issued regarding the estate of the missing individual, any property received by any spouse or child or other purported heir or beneficiary of the missing individual may be recovered by the missing individual unless the property has been transferred for an adequate consideration to a bona fide purchaser, in which case the amount of the consideration received for such transfer may be recovered from the transferor. No action to recover any property from any spouse, child, or other purported heir or beneficiary or to recover any consideration received by such a person as a result of a transfer of property to a bona fide purchaser may be brought by a missing individual after the expiration of the two-year period set out in this Code section unless the missing individual is a minor, in which case the time for bringing such actions shall be extended to two years from the date the missing individual reaches the age of majority.    (Code 1981, §53-9-6, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Absentees, §§ 5, 6.   C.J.S.   - 1 C.J.S., Absentees, §§ 1, 2, 3.
GA Code § 53-9-7 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 1 - Administration of Estate|§ 53-9-7. Distribution of Assets

 Before a distribution of any of the assets of the estate of a missing person is made to a spouse, child, or other purported heir or beneficiary within the two-year period set out in Code Section 53-9-6, such spouse, child, or other purported heir or beneficiary shall give security, to be approved by the probate court in such sum as the court shall direct but in no case less than the estimated value of the money or property distributed, conditioned that if the missing individual is in fact alive, the person giving security will deliver to the missing individual, on demand by such individual at any time within the two-year period, the assets received by the person giving such security or, if such assets have been transferred to a bona fide purchaser, the consideration received in such transfer, without interest. If any person entitled to receive such assets is unable to give security, the personal representative shall continue to hold such assets until:    Security is given;   The court orders the personal representative to deliver the assets to the person; or   The two-year period has expired,  whichever occurs first, and in the meantime shall invest the assets in any investment that is authorized by law for personal representatives or that is authorized in the duly probated will of the missing individual and shall pay the income from such investments to the person or persons entitled to such assets quarterly or as otherwise directed by the court.      (Code 1981, §53-9-7, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Absentees, §§ 1, 2, 15, 19.   C.J.S.   - 1 C.J.S., Absentees, § 8 et seq.
GA Code § 53-9-8 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 1 - Administration of Estate|§ 53-9-8. Probate Court Judges Allowed to Hold Certain Funds for Missing Heir or Beneficiary Under Decedent's Will

  The judges of the probate court, in their discretion, shall also be the depositories for and custodians of all moneys of any heir or beneficiary of any estate who cannot be located by the personal representative for moneys that may be distributed to the heir or beneficiary. Any personal representative shall be authorized to pay over to the judge any such moneys; and the judge shall be authorized to take charge thereof as provided for in this Code section.   The judge shall turn over to the Department of Revenue all custodial property held pursuant to this Code section 15 years after receipt by the judge of such property.     (Code 1981, §53-9-8, enacted by Ga. L. 2006, p. 805, § 22/SB 534.)
GA Code § 53-9-10 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 2 - Conservators|§ 53-9-10. "Missing" Defined; Petition for Conservator

  For purposes of this article, an individual is deemed to be missing if:   That individual is missing from the usual place of domicile and that individual's whereabouts are unknown to those persons who are likely to know;   That individual was serving with the armed forces of the United States during any period in which a state of hostilities existed between the United States and any nation or power and the individual has been listed as missing in action, as interned in a neutral country, or as having been captured by the enemy; or   That individual, whose whereabouts may or may not be known, has been kidnapped or is being held hostage or otherwise detained and is thus unable to exercise control over the management of that individual's estate.     When a domiciliary of this state has been missing for a period of 60 days or more, or for a shorter period of time but in emergency circumstances that dictate the need for the immediate conservation of the domiciliary's estate, any person having an interest in the estate of the missing individual by reason of being an individual who would be an heir of the missing individual if the missing individual were dead, a creditor of the missing individual, or a person having legal custody of minors or incompetents who would be heirs of the missing individual may petition the probate court of the county in which the missing individual was domiciled for the appointment of a conservator of the estate of the missing individual.     (Code 1981, §53-9-10, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Absentees, §§ 1, 2, 3, 6, 9.   1 Am. Jur. Pleading and Practice Forms, Absentees, § 2.   C.J.S.   - 1 C.J.S., Absentees, § 8 et seq.
GA Code § 53-9-11 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 2 - Conservators|§ 53-9-11. Factors Considered by Court; Qualifications

  In determining whether to appoint a conservator of the estate of a missing individual, the probate court shall take into account any other existing arrangements for the management of the missing individual's property, such as powers of attorney or trusts, and may determine that no conservator need be appointed if such arrangements are sufficient under the circumstances.   The probate court shall select as conservator of the estate of the missing individual that person who will best serve the interests of the estate, considering the following order of preferences:   The surviving spouse, unless an action for divorce or separate maintenance was pending between the missing individual and the spouse at the time of the disappearance;   One or more other heirs of the missing individual;   Any eligible corporation, partnership, or other business association; or   Any creditor of the estate.  In no event shall the court appoint as conservator a person who would not be eligible to serve as administrator of the estate of the missing individual if that individual were dead.        (Code 1981, §53-9-11, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-9-12 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 2 - Conservators|§ 53-9-12. Contents of Petition

 The petition shall set forth the name of the missing individual, that individual's place of domicile, the circumstances under which that individual came to be missing, the length of time the individual has been missing, what inquiry has been made as to the whereabouts of the individual, the fact that the missing individual would probably have communicated with the petitioner or some other person of whom inquiry has been made, the names, addresses, and ages or majority status of those individuals who would be heirs if the missing individual were dead, a description of the property owned by the missing individual and the estimated value of the estate, the circumstances that dictate the need for the appointment of a conservator, and whether any other arrangements, such as powers of attorney or trusts, exist for the management of the missing individual's estate.    (Code 1981, §53-9-12, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Absentees, §§ 1, 2, 9.   C.J.S.   - 1 C.J.S., Absentees, §§ 1 et seq., 8 et seq.
GA Code § 53-9-13 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 9 - Missing Persons and Persons Believed to Be Dead|Article 2 - Conservators|§ 53-9-13. Procedure on Petition; Laws Applicable To, and Oath and Bond Of, Conservator

  Upon the filing of the petition, the procedure shall be the same as in petitions for the administration on the estates of decedents, with the individuals who would be the heirs of the missing individual if the missing individual were dead being treated as the heirs of the missing individual.   The laws applicable to the administration of estates shall apply to the conservators of missing individuals except insofar as such laws may conflict with this article.   Upon appointment, the conservator shall subscribe an oath as in the case of an administrator and shall give such bond as is required by law of guardians.     (Code 1981, §53-9-13, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 1 et seq., 5, 6, 261, 312, 313, 362 et seq., 397.   C.J.S.   - 1 C.J.S., Absentees, §§ 16, 17, 24, 25, 26.