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O.C.G.A. § 53-3-12 — Fees | Georgia Code
O.C.G.A. § 53-3-12 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 3. Year's Support, 53-3-1 through 53-3-20.

ARTICLE 5 ESCHEAT

53-3-12. Fees.

  1. The fees of the probate court shall be paid by the petitioner for year's support out of the fund set apart.
  2. The probate court may issue a writ of fieri facias against the personal representative of the estate for the amount awarded as provided in subsection (a) of this Code section.

(Code 1981, §53-3-12, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward former OCGA Sec. 53-5-12. Former Sec. 53-5-13, providing for probate court approval of the payment of debts by the surviving spouse, is repealed.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-1009, are included in the annotations for this Code section.

Cited in Shingler v. Furst, 52 Ga. App. 39, 182 S.E. 72 (1935).

RESEARCH REFERENCES

C.J.S.

- 34 C.J.S., Executors and Administrators, § 481.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.