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2018 Georgia Code 53-7-4 | Car Wreck Lawyer

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).

Cases Citing Georgia Code 53-7-4 From Courtlistener.com

Total Results: 1

Resseau v. Bland

Court: Supreme Court of Georgia | Date Filed: 1997-10-14

Citation: 491 S.E.2d 809, 268 Ga. 634, 97 Fulton County D. Rep. 3764, 1997 Ga. LEXIS 646, 1997 WL 629588

Snippet: the recovery of realty for the estate. See OCGA § 53-7-4; Deller v. Smith, 250 Ga. 157, 296 S.E.2d 49 (1982)