O.C.G.A.

O.C.G.A. § 53-6-38 (2019)

Administration of unrepresented estate by county 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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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.

History

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

Annotations

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).