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O.C.G.A. § 53-6-61 — Expenses | Georgia Code
O.C.G.A. § 53-6-61 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 7 COMPENSATION

53-6-61. Expenses.

Personal representatives shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a bond, and the expenses of counsel and other agents. Such reasonable expenses shall be determined after such notice, if any, as the court shall direct.

(Code 1981, §53-6-61, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 28.)

COMMENT

This section replaces former OCGA Secs. 53-6-147 through 53-6-149 (which enumerated various expenses that were allowed) with a general provision allowing the personal representative those reasonable expenses that are incurred in the course of the administration of the estate.

JUDICIAL DECISIONS

Expenses related to bond.

- When an administrator became subject to certain expenses related to the administrator's bond, namely the bonding company's litigation costs due to actions by the heirs of the estate, such expense fell within the scope of O.C.G.A. § 53-6-61 as a necessary cost of administration. Fowler v. Smith, 243 Ga. App. 469, 533 S.E.2d 739 (2000).

Attorney fees proper.

- Probate court did not err in failing to order a decedent's son to reimburse the estate for attorney fees because the executor testified that the bills for attorney fees were for services rendered on behalf of settlement of the estate, and not for defending the son on a daughter's motion to have the son removed as executor. In re Estate of Long, 307 Ga. App. 896, 706 S.E.2d 704 (2011).

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