O.C.G.A.

O.C.G.A. § 44-2-169 (2019)

Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Subject to the powers, rights, and duties of administration, the personal representative of the deceased owner shall hold registered real estate as trustee for the persons beneficially entitled thereto by law. Unless otherwise entitled by law to commissions, the personal representative shall be entitled to no commissions thereon except in cases of necessary sales in the due course of administration. The heirs at law or beneficiaries entitled by law to the real estate shall have the same power of requiring a transfer of such estate as if it were personal estate.

History

(Ga. L. 1917, p. 108, § 43; Code 1933, § 60-509.)

Annotations

RESEARCH REFERENCES Am. Jur. 2d. - 66 Am. Jur. 2d, Records and Recording Laws, § 144.

C.J.S. - 76 C.J.S., Registration of Land Titles, § 36.