O.C.G.A.

O.C.G.A. § 53-6-61 (2019)

Expenses

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

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.

History

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

Annotations

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 settle-

ment 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).

Notes of Decisions

Cited in 2 cases, 2000–2011 · leading case: In Re Est. of Long, 706 S.E.2d 704 (Ga. Ct. App. 2011).

Sort: Relevance Newest Treatment

In Re Est. of Long, 706 S.E.2d 704 (Ga. Ct. App. 2011). · cites it 2× “18 Audrey also argues that the probate court should have ordered Robert to reimburse the estate for travel expenses, but she fails to cite the correct Code section, OCGA § 53-6-61, which provides: “Personal representatives shall be allowed reasonable expenses incurred in the…”

Fowler v. Smith, 533 S.E.2d 739 (Ga. Ct. App. 2000). · cites it 6× “Paul’s expenses, for which the Administrator was liable, were expenses incurred in the administration of the Estate in accordance with OCGA § 53-6-61. It is this determination which the appellants now contend was erroneous based on several grounds.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.