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2018 Georgia Code 53-6-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-6-40 Case Law from Google Scholar Amendments to OCGA 53-6-40

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

53-6-40. Separate letters of administration; governing law; appointment for sole purpose of commencing or continuing lawsuit against estate.

  1. The probate court shall grant to the county administrator separate letters of administration upon each estate placed in the county administrator's hands. Except as provided in subsection (b) of this Code section, the county administrator shall be governed and controlled by the law provided for other administrators.
  2. If a petition is made for the appointment of a county administrator as the administrator of an unrepresented estate for the sole purpose of making it possible to commence or continue a lawsuit against the estate and the granting of such petition is otherwise proper under applicable law, the probate court may appoint the county administrator as administrator of such estate. The probate court shall relieve the county administrator from all liabilities, duties, and obligations otherwise imposed on the administrator of an estate, including but not limited to the marshaling of assets, the publication of notice to creditors, the filing of an inventory, the filing of returns, and the posting of a separate bond, except for those duties and obligations directly related to the acceptance of service of process and qualification as administrator and other duties directly related to the lawsuit. Additionally, the probate court may provide for the payment of reasonable compensation to the county administrator by the petitioner sufficient to cover the time devoted to and expenses incurred by the county administrator in the performance of the duties and obligations with respect to the estate, such compensation to be determined by the probate court in the same manner that the amount of any extra compensation claimed by the administrator is to be determined.

(Code 1981, §53-6-40, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

Subsection (a) carries forward former OCGA Sec. 53-6-97.

Subsection (b) adds new provisions for the appointment of a county administrator for the sole purpose of commencing or continuing a lawsuit against the estate.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 53-6-97 are included in the annotations for this Code section.

County administrator not entitled to collect compensation from county.

- County administrator, including superior court clerk holding that position, is not entitled to collect compensation from county for duties of county administrator, but may collect, from estates administered those applicable commissions, fees, and expenses authorized by law. 1981 Op. Att'y Gen. No. U81-53, (decided under former O.C.G.A. § 53-6-97).

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