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 1 - POWERS AND DUTIES GENERALLY (§§ 53-7-1 — 53-7-8) › Section 53-7-1 - General powers and duties of personal representative; additional powers

(a)
The duties and powers of the personal representative commence upon qualification. Such powers relate back to give acts performed by the personal representative prior to qualification that are beneficial to the estate the same effect as those acts performed after qualification. The personal representative may ratify and accept on behalf of the estate acts that are done by others that would have been proper acts for the personal representative. A personal representative is a fiduciary who, in addition to the specific duties imposed by law, is under a general duty to settle the estate as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. The personal representative shall use the authority and powers conferred by law, by the terms of any will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is a party, and by the rules generally applicable to fiduciaries to act in the best interests of all persons who are interested in the estate and with due regard for their respective rights.
(b)
(1)
As part of the petition for letters testamentary, letters of administration with the will annexed, or letters of administration or by separate petition, the beneficiaries of a testate estate or the heirs of an intestate estate may, by unanimous consent, authorize but not require the probate court to grant to the personal representative any of the powers contained in Code Section
53-12-261
; provided, however, that the grant by the probate court of the powers provided by paragraph (1) of subsection (b) of Code Section
53-12-261
shall not authorize the personal representative to bind the estate by any warranty in any conveyance or contract in violation of subsection (a) of Code Section
53-8-14
.
(2)
With respect to any beneficiary of a testate estate or heir of an intestate estate who is not sui juris, the consent required by paragraph (1) of this subsection may be given by such beneficiary's or heir's duly acting conservator or guardian. The personal representative of a deceased beneficiary or heir shall be authorized to consent on behalf of such deceased beneficiary or heir.
(3)
The grant of powers provided for in paragraph (1) of this subsection shall be ordered only after publication of a citation in the official newspaper of the county in which the petition is made and only after the time for filing objections has elapsed either without any objection being timely filed, or if any such objection is timely filed, upon each such objection being dismissed or withdrawn. The citation shall be sufficient if it states generally that the petition requests that powers contained in Code Section
53-12-261
be granted.
Amended by 2020 Ga. Laws 508,§ 1-36, eff. 1/1/2021.
Amended by 2010 Ga. Laws 506,§ 18, eff. 7/1/2010.
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 1 - POWERS AND DUTIES GENERALLY (§§ 53-7-1 — 53-7-8) › Section 53-7-2 - Administration of entire estate; distribution of residuum

The personal representative shall be entitled to possess and administer the entire estate. If, after payment of debts and satisfaction of testamentary gifts, there are assets not given under the will, such assets shall be distributed to the heirs of the decedent as if the decedent had died intestate.
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 1 - POWERS AND DUTIES GENERALLY (§§ 53-7-1 — 53-7-8) › Section 53-7-3 - Powers and immunities of administrator with will annexed

An administrator with the will annexed shall have all rights, powers, privileges, exemptions, and immunities of the executor, including the dispensation by the testator of the necessity of making inventory and returns.
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 1 - POWERS AND DUTIES GENERALLY (§§ 53-7-1 — 53-7-8) › Section 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.
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 1 - POWERS AND DUTIES GENERALLY (§§ 53-7-1 — 53-7-8) › Section 53-7-5 - Powers, duties, and liabilities if more than one personal representative; safe deposit boxes or receptacles

(a)
If more than one personal representative is qualified and unless the will provides otherwise:
(1)
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
(2)
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.
(b)
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:
(1)
By participating in a breach of fiduciary duty committed by the other personal representative;
(2)
By approving, knowingly acquiescing in, or concealing a breach of fiduciary duty committed by the other personal representative;
(3)
By negligently enabling the other personal representative to commit a breach of fiduciary duty; or
(4)
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.
(c)
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.
Amended by 2020 Ga. Laws 508,§ 1-37, 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 1 - POWERS AND DUTIES GENERALLY (§§ 53-7-1 — 53-7-8) › Section 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
.
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 1 - POWERS AND DUTIES GENERALLY (§§ 53-7-1 — 53-7-8) › Section 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.
Amended by 2020 Ga. Laws 508,§ 1-39, 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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 53-7-10 - Allowable defenses; generally

(a)
For purposes of this article, the term "personal representative" includes temporary administrators.
(b)
When an action is brought against a personal representative in that person's representative capacity, the personal representative may make the following defenses:
(1)
That person does not occupy the position of personal representative, as alleged;
(2)
That no assets have come into the hands of the personal representative;
(3)
That all assets coming into the hands of the personal representative have been fully administered;
(4)
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;
(5)
That the personal representative has fully administered the assets that came into the personal representative's hands; or
(6)
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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
Amended by 2020 Ga. Laws 508,§ 1-40, 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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 53-7-13 - Service of notice, writ, or process

(a)
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
.
(b)
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.
Amended by 2021 Ga. Laws 307,§ 53, eff. 5/10/2021.
Amended by 2020 Ga. Laws 508,§ 1-41, 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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 53-7-14 - Action against removed personal administrator

(a)
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.
(b)
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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
Amended by 2020 Ga. Laws 508,§ 1-42, 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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 53-7-22 - Levy upon property; entering of judgment and issuance of execution

(a)
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.
(b)
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.
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 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES (§§ 53-7-10 — 53-7-23) › Section 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.
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 3 - INVENTORY (§§ 53-7-30 — 53-7-34) › Section 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
.
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 3 - INVENTORY (§§ 53-7-30 — 53-7-34) › Section 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.
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 3 - INVENTORY (§§ 53-7-30 — 53-7-34) › Section 53-7-32 - Waiver of right to receive; relieving personal representative of duty to make

(a)
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.
(b)
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.
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 3 - INVENTORY (§§ 53-7-30 — 53-7-34) › Section 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.
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 3 - INVENTORY (§§ 53-7-30 — 53-7-34) › Section 53-7-34 - Failure to return a correct inventory

Unless the inventory is waived pursuant to Code Section
53-7-32
or a testator by will dispenses with the necessity of having a personal representative make an inventory pursuant to Code Section
53-7-33
, the failure of a personal representative to return a correct inventory shall be sufficient grounds for removal.
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 4 - CLAIMS AGAINST OR IN FAVOR OF ESTATE (§§ 53-7-40 — 53-7-45) › Section 53-7-40 - Liability of estate; priority of claims

Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following order:
(1)
Year's support for the family;
(2)
Funeral expenses, whether or not the decedent leaves a surviving spouse, in an amount which corresponds with the circumstances of the decedent in life. If the estate is solvent, the personal representative is authorized to provide a suitable protection for the grave;
(3)
Other necessary expenses of administration;
(4)
Reasonable expenses of the decedent's last illness;
(5)
Unpaid taxes or other debts due the state or the United States;
(6)
Judgments, secured interests, and other liens created during the lifetime of the decedent, to be paid according to their priority of lien. Secured interests and other liens on specific property shall be preferred only to the extent of such property; and
(7)
All other claims.
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 4 - CLAIMS AGAINST OR IN FAVOR OF ESTATE (§§ 53-7-40 — 53-7-45) › Section 53-7-42 - Time for payment of debts; time for commencing action to recover debt

(a)
The personal representative shall not be required to pay the debts of the estate, wholly or in part, until six months from the date of qualification of the first personal representative to serve. If partial payment shall be made, it shall be pro rata on debts of equal priority, including debts due the personal representative, and shall continue pro rata until the debts of the estate shall be paid out. Successive dividends to creditors shall be made at the end of every year until the estate shall be paid out.
(b)
No action to recover a debt due by the decedent shall be commenced against the personal representative until the expiration of six months from the date of qualification of the first personal representative to serve.
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 4 - CLAIMS AGAINST OR IN FAVOR OF ESTATE (§§ 53-7-40 — 53-7-45) › Section 53-7-43 - Compelling heirs or beneficiaries to contribute to payment of debt

If the estate shall have been distributed to the heirs or beneficiaries without notice of an existing debt, a creditor may compel them to contribute pro rata to the payment of the debt.
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 4 - CLAIMS AGAINST OR IN FAVOR OF ESTATE (§§ 53-7-40 — 53-7-45) › Section 53-7-44 - Satisfaction of debts

Except as otherwise provided by the will, any debt not due by its terms at the time for payment of debts of equal priority shall be satisfied and the estate shall be discharged with respect to such debt in such manner as the personal representative deems to be in the best interest of the estate in accordance with the following rules:
(1)
The debt may be prepaid in accordance with the terms of any right to prepay;
(2)
By agreement with the creditor, the debt may be satisfied before it is due by the payment of an amount representing the agreed present value of the debt;
(3)
By agreement with the creditor, the debt may be assumed by one or more heirs or beneficiaries or by any other person; and
(4)
By agreement with the creditor, or by order of the probate court after notice to the creditor and a hearing, arrangement for future payment may be made by creating a trust, giving a deed to secure debt or security interest, obtaining a bond or other security from one or more heirs or beneficiaries, or otherwise.
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 4 - CLAIMS AGAINST OR IN FAVOR OF ESTATE (§§ 53-7-40 — 53-7-45) › Section 53-7-45 - Compromise of claims

Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle debts or claims in favor of or against the estate. A personal representative who declines to litigate any claim may assign the claim to a creditor or an heir of an intestate estate or a beneficiary of a testate estate for the purpose of prosecuting the claim at that person's own expense and, after reimbursement of the expenses to the creditor, heir, or beneficiary, any remaining proceeds shall be paid over to the personal representative for administration.
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 5 - DISCHARGE AND RESIGNATION (§§ 53-7-50 — 53-7-56) › Section 53-7-51 - Discharge when funds unclaimed

If funds are in the hands of the personal representative and no person claims such funds, the probate court may nevertheless grant a discharge.
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 5 - DISCHARGE AND RESIGNATION (§§ 53-7-50 — 53-7-56) › Section 53-7-52 - Discharge of temporary administrator

A temporary administrator may be discharged in the same manner as provided for discharge of personal representatives.
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 5 - DISCHARGE AND RESIGNATION (§§ 53-7-50 — 53-7-56) › Section 53-7-53 - Discharge obtained by fraud

A discharge obtained by the personal representative by means of any fraud is void and may be set aside on motion and proof of fraud.
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 5 - DISCHARGE AND RESIGNATION (§§ 53-7-50 — 53-7-56) › Section 53-7-54 - Breach of fiduciary duty

(a)
If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action:
(1)
To recover damages;
(2)
To compel the performance of the personal representative's or temporary administrator's duties;
(3)
To enjoin the commission of a breach of fiduciary duty;
(4)
To compel the redress of a breach of fiduciary duty by payment of money or otherwise;
(5)
To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate;
(6)
To remove the personal representative or temporary administrator; and
(7)
To reduce or deny compensation to the personal representative or temporary administrator.
(b)
When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a constructive trust shall attach to the assets.
(c)
The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
(d)
In any action or proceeding brought pursuant to this Code section, service of notice or process shall be made in the manner provided by Chapter 11 of this title if Chapter 11 of this title is applicable under Code Section
53-11-1
. If Chapter 11 of this title is not applicable to such action or proceeding under Code Section
53-11-1
, such service shall be made in the manner provided by Chapter 11 of Title 9 unless Chapter 11 of such title is not applicable to such action or proceeding under Code Section
9-11-81
.
Amended by 2020 Ga. Laws 508,§ 1-45, 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 5 - DISCHARGE AND RESIGNATION (§§ 53-7-50 — 53-7-56) › Section 53-7-55 - Revocation of letters of personal representative or other sanctions

(a)
Upon the petition of any person having an interest in the estate or whenever it appears to the probate court that good cause may exist to revoke the letters of a personal representative or impose other sanctions, the court shall cite the personal representative to answer to the charge. Upon investigation, the court may, in the court's discretion:
(1)
Revoke the personal representative's letters;
(2)
Require additional security;
(3)
Require the personal representative to appear and submit to a settlement of accounts following the procedure set forth in Article 6 of this chapter, regardless of whether the personal representative has first resigned or been removed and regardless of whether a successor fiduciary has been appointed; or
(4)
Issue such other order as in the court's judgment is appropriate under the circumstances of the case.
(b)
In any proceeding brought pursuant to this Code section, service of notice shall be made in the manner provided by Chapter 11 of this title.
Amended by 2020 Ga. Laws 508,§ 1-46, 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 5 - DISCHARGE AND RESIGNATION (§§ 53-7-50 — 53-7-56) › Section 53-7-56 - Resignation

(a)
A personal representative may resign:
(1)
In the manner and under the circumstances described in the will;
(2)
Upon petition to the probate court, showing that the resignation has been requested in writing by all heirs of an intestate estate or all beneficiaries of a testate estate; or
(3)
Upon petition to the probate court, showing to the satisfaction of the court that:
(A)
The personal representative is unable to continue serving due to age, illness, infirmity, or other good cause;
(B)
Greater burdens have developed upon the office of personal representative than those that originally were contemplated or should have been contemplated when the personal representative was qualified and the additional burdens would work a hardship upon the personal representative;
(C)
Disagreement exists between one or more of the beneficiaries or heirs and the personal representative in respect to the personal representative's management of the estate, which disagreement and conflict appear deleterious to the estate;
(D)
The resignation of the personal representative will result in or permit substantial financial benefit to the estate;
(E)
The resigning personal representative is one of two or more acting personal representatives and the other personal representatives will continue in office with no adversity to the estate contemplated; or
(F)
The resignation would not be disadvantageous to the estate.
(b)
A personal representative's petition to resign shall be made to the probate court and the court shall cause citation to issue and service of notice to be made upon all the heirs of an intestate estate or the beneficiaries of a testate estate in the manner provided by Chapter 11 of this title.
Amended by 2020 Ga. Laws 508,§ 1-47, 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 1 - GENERAL PROVISIONS (§§ 53-7-60 — 53-7-66) › Section 53-7-60 - Jurisdiction

The superior court shall have concurrent jurisdiction with the probate court over the settlement of accounts of personal representatives.
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 1 - GENERAL PROVISIONS (§§ 53-7-60 — 53-7-66) › Section 53-7-61 - Filing of petition upon termination of personal representative

If the personal representative resigns, is removed, or dies, an heir of an intestate estate or a beneficiary of a testate estate, the sureties of the personal representative or other personal representatives, or the successor personal representative may petition for an accounting and settlement. In the event a petition is filed for such accounting and settlement, the probate court shall retain jurisdiction over the personal representative until such accounting and settlement is completed.
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 1 - GENERAL PROVISIONS (§§ 53-7-60 — 53-7-66) › Section 53-7-62 - Appearance before court; failure of personal representative to appear; right to appeal

(a)
Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal representative to appear before the probate court for a settlement of accounts. Alternatively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries and all persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full to be present at the settlement of the personal representative's accounts by the court. The settlement shall be conclusive upon the personal representative and upon all the heirs or beneficiaries and all remaining persons who claim to be creditors who receive service of notice of the settlement proceeding in the probate court and the hearing in the manner provided by subsection (b) of this Code section or by Chapter 11 of this title. The court may, in the court's discretion, give the personal representative additional time to settle the estate.
(b)
If the personal representative fails or refuses to appear as cited, the probate court may proceed without the appearance of the personal representative. If the personal representative has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is served with notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or the sheriff's deputies upon the personal representative at the last address of the personal representative in the court records and it appears to the probate court that further attempts are likely to be futile, then service of notice shall be sufficient upon the personal representative for purposes of this Code section if the citation is mailed by first-class mail to such address.
(c)
Any party to the settlement shall have the right to appeal.
Amended by 2020 Ga. Laws 508,§ 1-48, eff. 1/1/2021.
Amended by 2002 Ga. Laws 968,§ 5, eff. 7/1/2002.
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 1 - GENERAL PROVISIONS (§§ 53-7-60 — 53-7-66) › Section 53-7-63 - Making and enforcing final settlement

Upon proof of issuance of citation and service of notice pursuant to Code Section
53-7-62
, the probate court may proceed to make an account, hear evidence upon any contested question, and make a final settlement between the personal representative and the heirs or beneficiaries. The settlement may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt.
Amended by 2020 Ga. Laws 508,§ 1-49, 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 1 - GENERAL PROVISIONS (§§ 53-7-60 — 53-7-66) › Section 53-7-64 - Accounting for income on property administered

A personal representative shall account for income on the property administered as follows:
(1)
The personal representative shall be charged with all income earned during the period of one year after the date of qualification;
(2)
For the period beginning one year after the date of qualification, the personal representative shall account for income as follows:
(A)
All income earned on property the personal representative is:
(i)
Authorized by the laws of this state to hold or invest in without securing the approval of any court to do so;
(ii)
Authorized by any court to hold or invest in; or
(iii)
Authorized by will to hold or invest in; and
(B)
On all other property administered by the personal representative and, except as provided in paragraph (3) of this Code section, the personal representative shall be charged with the greater of the income earned on such property or the income it would have earned if invested at the legal rate of interest fixed by the laws of this state and in effect during the time the property was held. In applying this subparagraph, each item of property shall be treated separately, and income in excess of the legal rate of interest earned on one item may not be used to make up any deficiency in the income earned on another item; and
(3)
The personal representative shall be charged only with interest actually earned, if any, on funds held in a reasonable sum to pay anticipated expenses.
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 1 - GENERAL PROVISIONS (§§ 53-7-60 — 53-7-66) › Section 53-7-65 - Recordation of final receipts; admission in evidence

The final receipts on settlements given by heirs or beneficiaries to a personal representative, whether a judicial or an informal settlement, may be admitted to record by the clerk of the probate court or the clerk of the superior court in either the county of residence of the personal representative or the county in which the estate is administered if attested by a judge of any court of this state, a magistrate, or a notary public. When recorded, the receipts shall be admitted in evidence without further proof. In case of loss of the original, a copy may be used in evidence under the same rules as for admission of copies of registered deeds.
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 1 - GENERAL PROVISIONS (§§ 53-7-60 — 53-7-66) › Section 53-7-66 - Refunding bonds

When litigation against the estate is pending or is threatened or when notice of a claim has been given to the personal representative, the personal representative may demand that the heirs or beneficiaries give refunding bonds to indemnify the personal representative against the claims. Upon the failure of the heirs or beneficiaries to give such bonds, the personal representative may reserve enough of the assets to respond to the claims.
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 53-7-67 - Required annual filing; reporting period

(a)
Within 60 days of the anniversary of the date of qualification, in each year, every personal representative required by the laws of this state to make annual returns shall file with the probate court a true and just verified accounting of the receipts and expenditures in behalf of the estate during the year preceding the anniversary date of qualification, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of the estate. The return shall include an updated inventory of the assets of the estate as of the anniversary date of qualification. With this return, either the original vouchers shall be filed, showing the correctness of each item, or, in lieu thereof, the personal representative shall attach an affidavit stating that the original vouchers have been compared to each item on the return and that the return is correct; but the probate court shall require the original vouchers to be produced for good cause shown. If the original vouchers are filed with the return, they shall remain in the probate court for 30 days.
(b)
The probate court, upon petition of the personal representative or upon the court's own motion, may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the court. In lieu of changing the reporting date, the probate court is authorized to accept and approve a return even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the court, unless the court also enters an order changing the reporting date.