reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-68 - Mailing of return to heirs and beneficiaries; relieving personal representative of duty to file return

(a)
Upon filing the annual return with the probate court, the personal representative shall mail by first-class mail a copy of the return, but not the vouchers, to each heir of an intestate estate or each beneficiary of a testate estate. It shall not be necessary to mail a copy of the return to any heir or beneficiary who is not sui juris or for the court to appoint a guardian for such person. The personal representative shall file a verified statement with the probate court stating that all required mailings of the return to heirs or beneficiaries have been made.
(b)
Any heir or beneficiary may waive individually the right to receive a copy of the annual return by a written statement that is delivered to the personal representative. Such waiver may be revoked in writing at any time.
(c)
By unanimous written consent, the heirs of an intestate estate or the beneficiaries of a testate estate may authorize the probate court to relieve the personal representative from filing annual returns with them or with the court or both, in the same manner as provided in subsection (b) of Code Section
53-7-1
for the granting of powers to a personal representative. Any such unanimous written consent, regardless of the date of execution, that relieves the personal representative from filing annual returns with the court shall also relieve the personal representative from sending a copy of the return to the heirs or beneficiaries.
Amended by 2020 Ga. Laws 508,§ 1-50, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-69 - Power of testator to dispense with necessity of return

A testator may, by will, dispense with the necessity of the personal representative's filing an annual return with 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 annual returns 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 annual returns 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 filing returns with the court shall also relieve the personal representative from sending a copy of the return to the beneficiaries.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-69.1 - Annual statement of receipts and disbursements

(a)
Except as provided in subsection (b) of this Code section, a personal representative shall furnish to the heirs of an intestate estate or the beneficiaries of a testate estate, at least annually, a statement of receipts and disbursements.
(b)
Any heir or beneficiary may waive individually the right to receive a statement of receipts and disbursements in the same manner as provided in subsection (b) of Code Section
53-7-68
for waiving the right to receive a copy of an annual return. The heirs or beneficiaries may authorize the probate court to relieve the personal representative from furnishing statements of receipts and disbursements in the same manner as provided in subsection (c) of Code Section
53-7-68
for relieving the personal representative from filing annual returns. A testator may, by will, dispense with the necessity of the personal representative's furnishing a statement of receipts and disbursements in the same manner as provided in Code Section
53-7-69
for dispensing with the necessity of the personal representative's filing an annual return.
Added by 2020 Ga. Laws 508,§ 1-51, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-70 - Examination and recordation of returns and vouchers; evidentiary effect

The probate court shall carefully examine each return of a personal representative and its vouchers; and if the court finds it correct and no objection is filed within 30 days of the time it is filed and mailed to the heirs or beneficiaries, the court shall allow the return to be recorded, together with the original or copy vouchers attached. The return and copy vouchers shall be kept on file in the probate court. If the original vouchers are filed without copies, they shall when recorded be returned to the personal representative on demand. The return thus allowed and recorded shall be prima-facie evidence in favor of the personal representative of its correctness.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-71 - Return of nonresident or deceased personal representative

(a)
The return of a nonresident personal representative may be admitted to record upon affidavit of the personal representative's surety.
(b)
If a personal representative is dead, the personal representative of the estate of the deceased personal representative or, if at any time there is no such personal representative of the estate of the deceased personal representative, any surety on the bond of the deceased personal representative may make returns of the accounts of such deceased personal representative in the same manner and with the same effect as if the deceased personal representative were living.
Amended by 2020 Ga. Laws 508,§ 1-52, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-72 - Docket of persons liable to make returns; failure to make returns

To ensure annual returns from every personal representative, it shall be the duty of the probate court to keep a docket of all those who are liable to make returns and, immediately after the ceasing of the January term or as soon thereafter as the court deems practical in each year, to cite all defaulters to show cause for their neglect. A willful and continued failure to make a return shall be good cause for removal.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-73 - Filing and contents of intermediate report; notice to heirs and beneficiaries

(a)
Any time after the six-month period following qualification, but not more frequently than once every 12 months, a personal representative may file with the probate court a report to be known as an intermediate report to the date specified.
(b)
Whenever a personal representative elects to file an intermediate report under subsection (a) of this Code section, the petition and report shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:
(1)
The period which the report covers;
(2)
The names and addresses of living heirs of an intestate estate or beneficiaries of a testate estate known to the personal representative with the names of those who have or require a guardian; a description of any possible unborn or unascertained beneficiaries; and the name of the surety on the personal representative's bond, with the amount of the bond;
(3)
In a separate schedule, the principal on hand at the beginning of the accounting period and the status at that time of its investment; the investments received from the decedent and still held; additions to principal during the accounting period, with dates and sources of acquisition; investments collected, sold, or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source, and cost of each; deductions from the principal during the accounting period, with the date and purpose of each; and principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment;
(4)
In a separate schedule, the income on hand at the beginning of the accounting period and in what form held; income received during the accounting period, when, and from what source; income paid out during the accounting period, when, to whom, and for what purpose; and income on hand at the end of the accounting period and how invested;
(5)
A statement of unpaid claims, with the reason for the failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the property and, if due, whether paid;
(6)
A brief summary of the account; and
(7)
Such other facts as the court may by rule or by court order require.
(c)
The probate court, upon the petition and return being filed, shall issue a citation and shall require any objections to be filed in conformity with Chapter 11 of this title. Service shall be made on the heirs of an intestate estate or the beneficiaries of a testate estate or such other persons as the court requires in conformity with Chapter 11 of this title.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-74 - Filing of objections to intermediate report; continuation of hearing; appeal

At or before the time fixed for hearing, any parties at interest may file objections to the personal representative's report, actions, and accounting, in which case the hearing on the accounting shall automatically be continued until a date certain, when, subject to the probate court's power to grant continuances, the same shall be heard as other cases pending in the probate court with like right of appeal to the superior court. In such case, an appeal by consent may be taken to the superior court; provided, however, that such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been served with notice as provided in subsection (c) of Code Section
53-7-73
and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court.
Amended by 2020 Ga. Laws 508,§ 1-53, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-75 - Construction of will by superior court

(a)
Except as otherwise provided in subsection (b) of this Code section and in paragraph (7) of subsection (a) of Code Section
15-9-127
, whenever it appears that a question of construction of a will is involved in the accounting, the probate court, upon its own motion or upon the motion of any party in interest, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined.
(b)
A probate court subject to Article 6 of Chapter 9 of Title 15 shall have jurisdiction over questions of construction of a will involved in the accounting and may determine all such questions without transferring the accounting to the superior court.
(c)
The probate court may suspend further proceedings pending a final determination of the questions of construction.
(d)
After a final determination of the questions of construction, the probate court shall proceed with the accounting.
Amended by 2020 Ga. Laws 508,§ 1-54, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-76 - Judgment surcharging fiduciary

Should it appear from the intermediate report that the personal representative is liable to the estate or to any beneficiary of the estate, the probate court is authorized and it shall be the court's duty to enter a judgment surcharging the personal representative in such amount as is authorized under the law and the evidence.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-77 - Conclusiveness of order on intermediate report

All parties in interest shall be bound by the order of the probate court on the intermediate report; and thereafter no such person shall be heard in any court, except upon appeal, to contest or question any matters or things covered by the report and the order on the report in the absence of fraud, accident, or mistake.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 7 - ADMINISTRATION OF ESTATES GENERALLY (§§ 53-7-1 — 53-7-78) › Article 6 - SETTLEMENT OF ACCOUNTS (§§ 53-7-60 — 53-7-78) › Part 2 - ANNUAL RETURNS AND INTERMEDIATE REPORTS (§§ 53-7-67 — 53-7-78) › Section 53-7-78 - Taxing of costs

Costs shall be taxed against the estate or the parties as the probate court shall deem fair and reasonable.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 1 - INVESTMENTS (§§ 53-8-1 — 53-8-5) › Section 53-8-1 - Authorized investments; standard of care; deviation from will or other disposition; investments by personal representative who is a bank or trust company

(a)
Unless otherwise expressly provided in the will, a personal representative shall be authorized to make those investments that are listed in Code Sections
53-8-2
and
53-8-3
.
(b)
In making any other investments and in acquiring and retaining those investments and managing the property of the estate, the personal representative shall exercise the judgment and care, under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital.
(c)
Within the limitations of the standard provided in subsection (b) of this Code section and considering individual investments as a part of an overall administrative strategy, a personal representative is authorized to acquire and retain every kind of property whether real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion, and intelligence acquire or retain for their own account; and within the limitations of such standard, a personal representative may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase.
(d)
Nothing contained in this Code section shall be construed as restricting the power of a court of proper jurisdiction to permit a fiduciary to deviate from the terms of any will, agreement, or other disposition relating to the acquisition, investment, reinvestment, exchange, retention, sale, or management of fiduciary property.
(e)
A personal representative that is a bank or trust company shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 1 - INVESTMENTS (§§ 53-8-1 — 53-8-5) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 1 - INVESTMENTS (§§ 53-8-1 — 53-8-5) › Section 53-8-3 - Securities, obligations, and interest-bearing deposits

A personal representative is authorized to invest estate funds in:
(1)
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;
(2)
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;
(3)
Bonds and other securities issued by this state or by the Board of Regents of the University System of Georgia;
(4)
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
(5)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 1 - INVESTMENTS (§§ 53-8-1 — 53-8-5) › Section 53-8-4 - Government obligations; standard of prudence; corporate fiduciaries

(a)
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:
(1)
The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations;
(2)
Such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; and
(3)
Such investment company or investment trust is operated so as to provide a constant net asset value or price per share.
(b)
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
.
(c)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 1 - INVESTMENTS (§§ 53-8-1 — 53-8-5) › Section 53-8-5 - Retention of property by personal representative; corporate fiduciaries

(a)
Unless otherwise provided in the will, a personal representative is authorized to retain the property received by the personal representative on the creation of the estate, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and a personal representative shall not be liable for such retention, except for gross neglect. In the case of corporate securities, a personal representative may likewise retain the securities into which the securities originally received are converted or which are derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and a personal representative may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. This Code section applies to all property held by a personal representative on March 28, 1961, under estates previously created, except that it shall not relieve a personal representative from liability for loss which had already accrued on or before March 28, 1961.
(b)
In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the stock or securities are substantially equivalent to those originally received by the fiduciary. The authority granted in subsection (a) of this Code section shall have reference, inter alia, to the exchange and continued retention of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations owns assets identical or similar to the assets of or carries on businesses identical or similar to the corporation the stock or securities of which were previously received by the fiduciary; and any such authority shall apply regardless of whether any of the corporations has officers, directors, employees, agents, or trustees in common with the corporation the stock or securities of which were previously received by the fiduciary.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 2 - SALES AND CONVEYANCES (§§ 53-8-10 — 53-8-15) › Section 53-8-10 - Authority of personal representative; petition by temporary administrator

(a)
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
.
(b)
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.
Amended by 2020 Ga. Laws 508,§ 1-55, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 2 - SALES AND CONVEYANCES (§§ 53-8-10 — 53-8-15) › Section 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.
Amended by 2020 Ga. Laws 508,§ 1-56, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 2 - SALES AND CONVEYANCES (§§ 53-8-10 — 53-8-15) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 2 - SALES AND CONVEYANCES (§§ 53-8-10 — 53-8-15) › Section 53-8-13 - General procedures

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
Amended by 2020 Ga. Laws 508,§ 1-57, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 2 - SALES AND CONVEYANCES (§§ 53-8-10 — 53-8-15) › Section 53-8-14 - Warranty; personal liability of personal representative

(a)
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.
(b)
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.
Amended by 2020 Ga. Laws 508,§ 1-58, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 8 - INVESTMENTS, SALES, AND CONVEYANCES (§§ 53-8-1 — 53-8-15) › Article 2 - SALES AND CONVEYANCES (§§ 53-8-10 — 53-8-15) › Section 53-8-15 - Passage of title to heirs or beneficiaries; assent of personal representative

(a)
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
.
(b)
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.
(c)
In the absence of prior assent, the discharge of a personal representative shall be conclusive evidence of the personal representative's assent.
(d)
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:
(1)
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
(2)
Subject to Code Section
23-1-4
, compel such assent by an equitable proceeding.
Amended by 2020 Ga. Laws 508,§ 1-59, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 1 - ADMINISTRATION OF ESTATE (§§ 53-9-1 — 53-9-8) › Section 53-9-1 - Presumption or proof of death; presumption that missing person predeceased other deceased individual; perils or tragedies resulting in probable death

(a)
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.
(b)
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.
(c)
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.
(d)
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.
Amended by 2003 Ga. Laws 71,§ 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 1 - ADMINISTRATION OF ESTATE (§§ 53-9-1 — 53-9-8) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 1 - ADMINISTRATION OF ESTATE (§§ 53-9-1 — 53-9-8) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 1 - ADMINISTRATION OF ESTATE (§§ 53-9-1 — 53-9-8) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 1 - ADMINISTRATION OF ESTATE (§§ 53-9-1 — 53-9-8) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 1 - ADMINISTRATION OF ESTATE (§§ 53-9-1 — 53-9-8) › Section 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:
(1)
Security is given;
(2)
The court orders the personal representative to deliver the assets to the person; or
(3)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 1 - ADMINISTRATION OF ESTATE (§§ 53-9-1 — 53-9-8) › Section 53-9-8 - Probate court judges allowed to hold certain funds for missing heir or beneficiary under decedent's will

(a)
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.
(b)
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.
Added by 2006 Ga. Laws 766,§ 22, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 2 - CONSERVATORS (§§ 53-9-10 — 53-9-16) › Section 53-9-10 - "Missing" defined; petition for conservator

(a)
For purposes of this article, an individual is deemed to be missing if:
(1)
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;
(2)
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
(3)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 2 - CONSERVATORS (§§ 53-9-10 — 53-9-16) › Section 53-9-11 - Factors considered by court; qualifications

(a)
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.
(b)
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:
(1)
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;
(2)
One or more other heirs of the missing individual;
(3)
Any eligible corporation, partnership, or other business association; or
(4)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 2 - CONSERVATORS (§§ 53-9-10 — 53-9-16) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 9 - MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD (§§ 53-9-1 — 53-9-21) › Article 2 - CONSERVATORS (§§ 53-9-10 — 53-9-16) › Section 53-9-13 - Procedure on petition; laws applicable to, and oath and bond of, conservator

(a)
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.
(b)
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.
(c)
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.