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O.C.G.A. § 53-7-23 — Property upon which execution levied | Georgia Code

O.C.G.A. § 53-7-23 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

53-7-23. Property upon which execution levied.

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.

(Code 1981, §53-7-23, enacted by Ga. L. 1996, p. 504, § 10.)

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.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.