For purposes of this article, the term “personal representative” includes temporary administrators. When an action is brought against a personal representative in that person’s representative capacity, the personal representative may make the following defenses: That person does not occupy the position of personal representative, as alleged; That no assets have come into the hands of […]
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. History. Code 1981, § 53-7-11 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-40/HB 865. The 2020 amendment, […]
An action against joint personal representatives shall not abate by the death of one but shall proceed against the survivor or survivors. History. Code 1981, § 53-7-12 , enacted by Ga. L. 1996, p. 504, § 10. Cross references. Substitution of parties by reason of death, § 9-11-25 .
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 […]
When letters testamentary or letters of administration are revoked, no action by or against the removed personal representative shall abate. The newly appointed personal representative may be made a party plaintiff or defendant in place of the removed personal representative. The revocation of letters of administration shall not abate any action pending for or against […]
The 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. History. Code 1981, § 53-7-15 , enacted […]
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 […]
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. History. Code 1981, § 53-7-17 , enacted by Ga. L. 1996, p. 504, § 10.
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. History. Code 1981, § 53-7-18 , enacted […]
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 […]
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. […]
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 […]
When a judgment has been obtained against the principal and surety or sureties on the bond of a personal representative, guardian, or other fiduciary, a levy may be made upon any property of any defendant in fi. fa. The probate court shall be authorized to enter a judgment and to issue a writ of execution […]
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. History. Code […]
