O.C.G.A.
O.C.G.A. § 53-7-23 (2019)
Property upon which execution 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 all cases of judgments recovered against a personal representative and the sureties of a personal representative, the execution shall first be levied on the property of the sureties, and no levy shall be made on the property of the principal until there is a return of nulla bona as to the sureties.
History
Code 1981, § 53-7-23, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
COMMENT This section amends former OCGA Sec. 53-7-51 by requiring the execution first to be levied on the property of the sureties of a personal representative rather than on the property of the personal representative.
ARTICLE 3 INVENTORY
Notes of Decisions
Cited in 2
cases, 2014–2014 · leading case: In re Est. of Knapp, 756 S.E.2d 716 (Ga. Ct. App. 2014).
In re Est. of Knapp, 756 S.E.2d 716 (Ga. Ct. App. 2014). “See OCGA § 53-7-23. 7 In fact, Scott Knapp conceded as much below, asserting that “[s]ince there is no surety in this matter, Mr.”
In Re: Est. of George Edward Knapp (Ga. Ct. App. 2014). “8 The Grandchildren suggest that given the diminution in the original value 7 OCGA § 53-7-23 provides: In all cases of judgments recovered against a personal representative and the sureties of the personal representative, the execution shall first be levied on the property of…”
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