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2018 Georgia Code 53-6-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 53-6-38 Case Law from Google Scholar Amendments to OCGA 53-6-38

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 6. Administrators and Personal Representatives, 53-6-1 through 53-6-64.

ARTICLE 5 COUNTY ADMINISTRATORS

53-6-38. Administration of unrepresented estate by county administrator.

If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, with notice given as provided for in Code Section 53-6-22. If, however, the estate does not exceed in value the sum set aside to the spouse and children of the decedent as year's support, no administration shall be necessary, but the probate court shall by order set apart the same to the spouse and children, as provided by law.

(Code 1981, §53-6-38, enacted by Ga. L. 1996, p. 504, § 10.)

Law reviews.

- For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).

COMMENT

This section carries forward the provisions of former OCGA Sec. 53-6-95, with a cross-reference to the notice requirements for the appointment of an administrator.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-6-95 are included in the annotations for this Code section.

Cited in McClinton v. Sullivan, 263 Ga. 711, 438 S.E.2d 71 (1994).

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