ARTICLE 4 DISPENSING WITH ADMINISTRATION

53-2-42. Right of action by creditor.

After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the unsatisfied debts against the heirs, to the extent of the value of property received by the heirs.

(Code 1981, §53-2-42, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries over former OCGA 53-10-4 with modifications to reflect the changes made in the previous Code sections.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1958, p. 355, § 7 are included in the annotations for this Code section.

Cited in Hayes v. Strickland, 112 Ga. App. 567, 145 S.E.2d 728 (1965).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Descent and Distribution, §§ 133, 134, 136, 138, 143 et seq.

C.J.S.

- 26B C.J.S., Descent and Distribution, §§ 71, 112 et seq.

ALR.

- Jurisdiction and power of equity to subject legacy, devise, or distributive share in estate to claim of creditor of legatee, devisee, or distributee, 123 A.L.R. 1293.

Cases Citing Georgia Code 53-2-42 From Courtlistener.com
Total Results: 2
Hart v. Fortson
Court: Supreme Court of Georgia | Date Filed: 1993-10-04
Citation: 263 Ga. 389, 435 S.E.2d 45, 93 Fulton County D. Rep. 3547, 1993 Ga. LEXIS 674
Snippet: testator must have knowledge of its contents. OCGA § 53-2-42. If the testator can read and write, his or her
Lowe v. Young
Court: Supreme Court of Georgia | Date Filed: 1991-02-07
Citation: 260 Ga. 890, 400 S.E.2d 619
Snippet: scrivener, which they claim is hearsay. (b) OCGA § 53-2-42 provides: Knowledge of the contents by the testator

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TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 2. Descent and Distribution, 53-2-1 through 53-2-51.

ARTICLE 4 DISPENSING WITH ADMINISTRATION

53-2-42. Right of action by creditor.