TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 5. Probate, 53-5-1 through 53-5-71.

ARTICLE 5 FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES

53-5-42. Powers.

When an individual dies domiciled outside of this state possessed of a claim to or against real or personal property or a cause of action within this state, if ancillary probate or administration has not been granted and is not pending in this state and there is a personal representative duly qualified and serving under the laws of the domiciliary jurisdiction, ancillary probate or administration shall not be required and the duly qualified personal representative may:

1. Take possession of personal property of the decedent located within this state and collect accounts or other sums due and payable to the decedent;
2. Sell and convey any property of the decedent located within this state;
3. Transfer the decedent's stock in any bank or other corporation in this state and withdraw deposits made by the decedent and receive dividends declared on the decedent's stock;
4. Sue in any court in this state to enforce any cause of action or recover any property of the decedent or the foreign personal representative;
5. Settle or compromise debts, claims, actions, causes of action, or controversies and give receipts, releases, or acquittances;
6. Exercise and enforce anywhere in this state any and all rights, powers, or privileges possessed by the decedent or the personal representative pursuant to deeds or bills of sale to secure debts, mortgages, financing statements, or other instruments given as security for debt or as liens of any kind, including foreclosing, taking possession of property to which either is entitled as security, and protecting any and all interests or rights of either as a creditor in bankruptcy, receivership, or other proceedings as fully as could any other person entitled to do so; and
7. Give deeds of assent and otherwise transfer or execute evidence of ownership of real and personal property located within this state pursuant to the decedent's will or under the laws of intestacy.

   Any of the foregoing powers of the personal representative shall be exercised in the same manner and in conformity with all requirements applicable to a personal representative of a decedent who dies domiciled in this state. If the personal representative of a decedent who dies domiciled outside this state is acting pursuant to the decedent's will, the personal representative may exercise such powers to the extent and in the manner contemplated by the will as if the will had been admitted to probate within this state. The filing of a petition for ancillary probate or administration in this state shall suspend all authority of the personal representative to perform any act within this state as such personal representative, but such authority shall be reinstated if the petition is dismissed or if the proceedings are otherwise finally terminated without a grant of probate or administration in this state. Any suspension of authority shall not serve to abate any action pending in any court in this state to which the personal representative is a party; when appropriate, the court may substitute a personal representative who becomes qualified in this state in place of the personal representative. The provisions of this Code section shall apply only if the personal representative is a citizen of the United States.

(Code 1981, §53-5-42, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

The provisions of this section and the other sections in this Part Two replace former OCGA Sec. 53-3-49 and Secs. 53-6-120 through 53-6-126.