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

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 6 BOND

53-6-53. Personal representative qualified to serve without, or not otherwise legally required to give, bond.

When a personal representative has qualified to serve without bond or is not otherwise required by law to give bond, the probate court, on its own motion or on the representation of any party in interest that the personal representative is mismanaging the estate, shall order the personal representative to appear and show cause as to why bond should not be given or the personal representative's letters revoked. The order shall be served in person on the personal representative at least ten days prior to the hearing. Failure to show cause shall authorize the court to require bond or to revoke the letters or to take any other action as may be necessary under the circumstances.

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

COMMENT

This section replaces former OCGA Secs. 53-7-32 and 53-7-37.

Cases Citing O.C.G.A. § 53-6-53

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Cannon v. Bangs, 502 S.E.2d 224 (Ga. 1998).

Cited 4 times | Published | Supreme Court of Georgia | Jul 13, 1998 | 269 Ga. 671, 98 Fulton County D. Rep. 2377

...for the executrix to present a settlement of accounts and to post bond cannot stand. Judgments reversed. All the Justices concur. NOTES [1] Comparable provisions in the Revised Probate Code, effective January 1, 1998, appear in OCGA §§ 53-7-62 and 53-6-53....