O.C.G.A. § 18-3-5 (2019)
Attachment against administrator or executor; entry of final judgment
Process of attachment may issue against an administrator of an estate or the executor of the last will and testament of any deceased person, as in other cases, when the administrator or executor actually removes or is about to remove the property of the deceased person outside the limits of any county, provided that final judgment shall not be entered against such administrator or executor until after the expiration of two years from the granting of letters of administration or letters testamentary, as the case may be.
History
Ga. L. 1857, p. 24, § 1; Code 1863, § 3199; Code 1868, § 3210; Code 1873, § 3277; Code 1882, § 3277; Civil Code 1895, § 4523; Civil Code 1910, § 5068; Code 1933, § 8-105.
Annotations
Cross references. Administrators and personal representatives generally, T. 53, C. 6.
JUDICIAL DECISIONS Nature of removal for which attachment authorized. - Former Code 1868, § 3210 did not authorize attachment on ground that the executor or administrator was personally removing, but rather on ground that the executor or administrator is actually removing or
about to remove property of the estate. Holloway v. Chiles, 40 Ga. 346, 1869 Ga. LEXIS 99 (1869). Twelve-month exemption from suit allowed executors and administrators does not prevent levy of attachment against property of estate in hands of
administrator or executor. Hartley v. Hartley, 173 Ga. 710, 161 S.E. 358, 1931 Ga. LEXIS 387 (1931). Proviso that final judgment not be entered for two years from commencement of administration. - Proviso in former Civil Code 1910, § 5068 that final judgment shall not be entered until expiration of two years from granting of letters of administration serves as a quasi-injunction to restrain administra-
tion of property upon which attachment has been levied until determination of issues which may be raised in attachment case. Hartley v. Hartley, 173 Ga. 710, 161 S.E. 358, 1931 Ga. LEXIS 387 (1931). Judgment in attachment will not raise priority of debt owed creditor of intestate in proceeding to marshal assets. Wooten v. Hartley, 186 Ga. 639, 198 S.E. 750, 1938 Ga. LEXIS 673 (1938).
RESEARCH REFERENCES ALR. Garnishment against executor or ad-
ministrator by creditor of estate, 60 A.L.R.3d 1301.