Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 53-7-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-7-10 Case Law from Google Scholar Amendments to OCGA 53-7-10

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 7. Administration of Estates Generally, 53-7-1 through 53-7-78.

ARTICLE 2 ACTIONS AGAINST PERSONAL REPRESENTATIVES

53-7-10. Allowable defenses; generally.

  1. For purposes of this article, the term "personal representative" includes temporary administrators.
  2. When an action is brought against a personal representative in that person's representative capacity, the personal representative may make the following defenses:
    1. That person does not occupy the position of personal representative, as alleged;
    2. That no assets have come into the hands of the personal representative;
    3. That all assets coming into the hands of the personal representative have been fully administered;
    4. That all assets coming into the hands of the personal representative have been fully administered except those necessary to satisfy debts of a greater priority;
    5. That the personal representative has fully administered the assets that came into the personal representative's hands; or
    6. That, pending the action, the letters testamentary or of administration have been revoked and the administration committed to another to whom all the assets that came into the personal representative's hands have been delivered.

(Code 1981, §53-7-10, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward the substance of former OCGA Sec. 53-7-48. Although temporary administrators are not included in the term "personal representative" as it is defined in Code Section 53-1-2, subsection (b) provides that temporary administrators are subject to this Article.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-7-48 are included in the annotations for this Code section.

Defense properly raised.

- Stepparent was entitled to raise in an appeal the question of whether a homeplace came into the stepparent's hands as the personal representative of a decedent' mother's estate in the course of asserting the defense that the stepparent had in fact administered the estate properly because the probate court made a finding of fact that the stepparent, as the personal representative of the mother's estate, had transferred marital property, specifically the homeplace, to the stepparent individually. In re Estate of Thornton, 275 Ga. App. 202, 620 S.E.2d 410 (2005).

Full administration of assets.

- Award of decedent's entire estate to his widow as year's support constituted full administration of decedent's estate, and executor's defense of plene administravit against bank's action on note should have been sustained since the bank had proper notice of the year's support proceedings in the probate court and filed no caveat thereto. Goldberg v. National Bank, 165 Ga. App. 106, 299 S.E.2d 163 (1983) (decided under former O.C.G.A. § 53-7-48).

Cases Citing Georgia Code 53-7-10 From Courtlistener.com

Total Results: 1

Hudson v. Abercrombie

Court: Supreme Court of Georgia | Date Filed: 1988-12-01

Citation: 374 S.E.2d 83, 258 Ga. 729, 1988 Ga. LEXIS 511

Snippet: *731 expenses are incurred in good faith. OCGA § 53-7-10 provides that either an executor or administrator