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Call Now: 904-383-7448A 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 the action, the personal representative may be made a party in lieu of the temporary administrator. 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.
(Code 1981, §53-6-31, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 24.)
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).
- 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).
Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 864.
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