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O.C.G.A. § 53-7-4 — Powers of temporary administrators pending appointment of personal representative and executors pending litigation of caveats to wills | Georgia Code

O.C.G.A. § 53-7-4 (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 1 POWERS AND DUTIES GENERALLY

53-7-4. Powers of temporary administrators pending appointment of personal representative and executors pending litigation of caveats to wills.

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.

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

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).

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This Georgia Code resource is curated by 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.