O.C.G.A.

O.C.G.A. § 53-6-31 (2019)

Power of administrator

✓ 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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(a) A temporary administrator may bring an action for the collection of debts or for personal property of the decedent. If a personal representative is appointed pending such action, the personal representative may be substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9. (b) A temporary administrator may bring, support, or oppose an action to approve a settlement agreement under Code Section 53-5-25. If a personal representative is appointed pending such action, the personal representative may be substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9. (c) A temporary administrator shall have the power to collect and preserve the assets of the estate and to expend funds for this purpose if approved by the judge of the probate court after such notice as the judge deems necessary; provided, however, that nothing in this subsection shall limit or reduce the notice requirements imposed by Code Sections 53-6-64 and 53-7-4. (d) A temporary administrator appointed pursuant to Code Section 53-3-21 shall have the power to perform the duties of a personal representative under subsection (b) of Code Section 53-3-7 or under subsection (b) of Code Section 53-3-12, as ordered by the judge of the probate court.

History

Code 1981, § 53-6-31, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 24; Ga. L. 2020, p. 377, § 1-33/HB 865. The 2020 amendment, effective January 1, 2021, designated the first two sentences of the previously existing provisions as subsection (a) and, in the second sentence of subsection (a), substituted ‘‘such action’’ for ‘‘the action’’ near the

middle, and substituted ‘‘substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9’’ for ‘‘made a party in lieu of the temporary administrator’’ at the end; added subsection (b); designated the last sentence of the previously existing provisions as subsection (c) and, in subsection (c), added the proviso at the end; and added subsection (d).

Annotations

COMMENT This section carries forward former OCGA Sec. 53-7-103. See Code Sec. 53-1-2 for the definitions of ‘‘temporary administrator’’ and ‘‘personal representative’’. (As these definitions indicate, a temporary administrator is not included in the definition of ‘‘personal representative’’.) For other provisions relating to the powers of temporary administrators, see Code Secs. 53-7-4 and 53-8-10(b).

JUDICIAL DECISIONS Standing of temporary administrator. - Temporary administrator, who was also the wife of the decedent landowner, had standing as a party to the action for the recovery of just compensation for land

taken by the Department of Transportation in a condemnation proceeding. DOT v. Foster, 262 Ga. App. 524, 586 S.E.2d 64 (2003).

RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. - Am. Jur. Pleading and Practice

Forms, Executors and Administrators, § 864.

Notes of Decisions

Cited in 2 cases, 2003–2009 · leading case: Alvista Healthcare Ctr., Inc. v. Miller, 673 S.E.2d 637 (Ga. Ct. App. 2009).

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Alvista Healthcare Ctr., Inc. v. Miller, 673 S.E.2d 637 (Ga. Ct. App. 2009). · cites it 2× “The OCR, nonetheless, *136 reasoned that because the Georgia law codified at OCGA § 53-6-31 authorizes a temporary administrator to bring an action on behalf of an estate only in two limited circumstances (i.”

Dep't of Transp. v. Foster, 586 S.E.2d 64 (Ga. Ct. App. 2003). · cites it 2× “See OCGA § 53-6-31. Ideal Leasing Svcs. v. Whitfield County, 254 Ga.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.