O.C.G.A.

O.C.G.A. § 53-7-21 (2019)

Against what property judgment levied

✓ 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.

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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.

History

Code 1981, § 53-7-21, enacted by Ga. L. 1996, p. 504, § 10.

Annotations

COMMENT This section carries forward former OCGA Sec. 53-7-52. 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).