O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-7-23 (2019)

Property upon which execution levied

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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).
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In re Est. of Knapp, 756 S.E.2d 716 (Ga. Ct. App. 2014). · cites it 4× “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, No. A13A1747 (Ga. Ct. App. Mar. 24, 2014). · cites it 2× “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…”
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.