O.C.G.A. § 53-8-11 (2019)
Property that is perishable, liable to deteriorate, or expensive to keep
Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable and in such manner as the probate court shall determine to be in the best interest of the estate, after such service of notice and opportunity for hearing, if any, as the probate court shall deem practicable under the circumstances.
History
Code 1981, § 53-8-11, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-56/HB 865.
The 2020 amendment, effective January 1, 2021, inserted ‘‘service of ’’ in this Code section.
Annotations
COMMENT This section replaces former OCGA Sec. 53-8-21 with substantially similar provisions. The provisions of former OCGA Sec. 53-8-21 now appear in Article 2 of Title 29 (Guardian and Ward). JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1868, § 2513, and former Code 1933, § 113-1701, are included in the annotations for this Code section. Temporary administrator may sell perishable personal property under
this section at the discretion of the ordinary (now probate judge). Ewing v. Moses, 50 Ga. 264 (1873) (decided under former Code 1868, § 2513). Cited in Price v. Nehi, Inc., 49 Ga. App. 196, 174 S.E. 722 (1934); Jones v. Moore, 94 Ga. App. 348, 94 S.E.2d 523 (1956).
RESEARCH REFERENCES Am. Jur. 2d. - 31 Am. Jur. 2d, Executors and Administrators, §§ 725, 728 et seq., 736, 797, 799 et seq., 806, 1048, 1054.
C.J.S. - 34 C.J.S., Executors and Administrators, §§ 404, 702, 714.