O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-6-26 (2019)

Subsection (a) requires all personal representatives of intestate estates and temporary administrators to give bond unless otherwise relieved by this Code section. Subsection (b) carries forward former OCGA Sec. 53-7-33, which relieves

✓ 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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banks and trust companies from giving bond. Subsection (c) replaces portions of former OCGA Secs. 53-6-22 and 53-6-26 and allows for the waiver of bond by the unanimous consent of the heirs of an intestate estate. This waiver is available only to personal representatives and thus is not available in the case of temporary administrators. (As indicated by the definition of ‘‘personal representative’’ that appears in Code Section 53-1-2, a temporary administrator is not included in that category.) Subsection (d) provides that this Code section does not override the requirement that County Administrators give bond and those provisions that allow the judge to impose bond where cause for such is shown.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-6-36 are included in the annotations for this Code section. Temporary administrator is required to give good and sufficient

bond with security for double the amount of the personal property of the estate. Kelly v. Citizens & S. Nat’l Bank, 160 Ga. App. 405, 287 S.E.2d 343 (1981) (decided under former O.C.G.A. § 53-6-36). Cited in Deller v. Smith, 250 Ga. 157, 296 S.E.2d 49 (1982).

RESEARCH REFERENCES ALR. - Who is resident within meaning of statute prohibiting appointment of

nonresident executor or administrator, 9 A.L.R.4th 1223.