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2018 Georgia Code 53-7-76 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-7-76 Case Law from Google Scholar Amendments to OCGA 53-7-76

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 7. Administration of Estates Generally, 53-7-1 through 53-7-78.

ARTICLE 6 SETTLEMENT OF ACCOUNTS

53-7-76. Judgment surcharging fiduciary.

Should it appear from the intermediate report that the personal representative is liable to the estate or to any beneficiary of the estate, the probate court is authorized and it shall be the court's duty to enter a judgment surcharging the personal representative in such amount as is authorized under the law and the evidence.

(Code 1981, §53-7-76, enacted by Ga. L. 1996, p. 504, § 10.)

Law reviews.

- For article, "Some Problems in Providing for Nonjudicial Settlement of the Trustee's Accounts," see 3 Ga. St. B.J. 417 (1967). For article, "Fiduciary Problems of the Executor and Trustee: Conflicts of Interest, Violations of Fiduciary Duties, Surcharge, and Other Remedies of Beneficiaries," see 9 Ga. St. B.J. 187 (1972).

COMMENT

This section carries forward former OCGA Sec. 53-7-189.

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 876, 877.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 875, 1020, 1111.

ALR.

- Liability of executor, administrator, trustee, or his counsel, for interest, penalty, or extra taxes assessed against estate because of tax law violations, 47 A.L.R.3d 507.

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