O.C.G.A.

O.C.G.A. § 53-7-4 (2019)

Powers of temporary administrators pending appointment of personal representative and executors pending litigation of caveats to wills

✓ 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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Temporary administrators, pending the appointment of a personal representative, and executors, pending litigation of caveats to wills, are authorized to carry out existing contracts of the decedent, carry on the business of the decedent, and do such acts as are necessary for the protection and preservation of the estate provided proper orders are secured from the probate court after due notice to all parties in interest.

History

Code 1981, § 53-7-4, enacted by Ga. L. 1996, p. 504, § 10.

Annotations

COMMENT This section carries forward former OCGA Sec. 53-7-4 and deletes the reference in that former Code section to acts required by a receiver of the superior court. See Code Sec. 53-1-2 for definitions of ‘‘executor’’ and ‘‘temporary administrator’’. For general provisions relating to temporary administrators, see Article 4 of Chapter 6. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-7-4 are included in the annotations for this Code section.

Cited in Kelly v. Citizens & S. Nat’l Bank, 160 Ga. App. 405, 287 S.E.2d 343 (1981); Deller v. Smith, 250 Ga. 157, 296 S.E.2d 49 (1982); Resseau v. Bland, 268 Ga. 634, 491 S.E.2d 809 (1997).

Notes of Decisions

Cited in 1 case, 1997–1997 · leading case: Resseau v. Bland, 491 S.E.2d 809 (Ga. 1997).

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Resseau v. Bland, 491 S.E.2d 809 (Ga. 1997). · cites it 2× “He further asserts that the court erred in failing to require that all known heirs of Peter Williams be joined as party plaintiffs.”

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.