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O.C.G.A. § 53-9-5 — Revocation of letters upon proof that missing individual is alive | Georgia Code
O.C.G.A. § 53-9-5 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 9. Missing Persons and Persons Believed to be Dead, 53-9-1 through 53-9-21.

ARTICLE 1 ADMINISTRATION OF ESTATE

53-9-5. Revocation of letters upon proof that missing individual is alive.

Upon petition of the missing individual, the probate court shall revoke the letters of administration or letters testamentary at any time on due and satisfactory proof that the missing individual is in fact alive. After such revocation, all the powers of the personal representative shall cease, but all receipts or disbursements of assets or other acts previously done by the personal representative shall remain valid, and the personal representative shall settle and account for the administration to the time of such revocation and shall transfer all assets remaining to the missing individual or such individual's duly authorized agent or attorney.

(Code 1981, §53-9-5, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward portions of former OCGA Sec. 53-9-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Absentees, §§ 5, 6.

C.J.S.

- 1 C.J.S., Absentees, §§ 1, 2, 3.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, 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.