In an action against a personal representative in that person's representative capacity, the judgment shall generally be de bonis testatoris. However, when the personal representative unsuccessfully makes any of the defenses described in Code Section 53-7-10 or a release, the judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the property of the decedent, if found, and if such property is not found, then to be levied on the property of the defendant personal representative.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-7-52 are included in the annotations for this Code section.

Full administration of assets.

- When defendant executor pleads plene administravit, plaintiff creditor may pray to have judgment of assets quando acciderint; such judgment is an admission that the representative has administered fully all the assets of the estate coming into the representative's hands up to that time and should only be rendered against assets of the estate which may thereafter come into the hands of the representative. Goldberg v. National Bank, 165 Ga. App. 106, 299 S.E.2d 163 (1983) (decided under former O.C.G.A. § 53-7-52).

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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

53-7-21. Against what property judgment levied.

COMMENT

JUDICIAL DECISIONS

Editor's notes.

Full administration of assets.