O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against creditors of his estate, provided that such time does not exceed five years. At the expiration of the five years the limitation shall commence.
History
Ga. L. 1882-83, p. 104, § 1; Civil Code 1895, § 3782; Civil Code 1910, § 4377; Code 1933, § 3-804.
Annotations
Law reviews. For survey article on torts, see 34 Mercer L. Rev. 271 (1982).
JUDICIAL DECISIONS O.C.G.A. § 9-3-93 is made applicable to tort actions by O.C.G.A. § 9-3-98. Jefferson Pilot Fire & Cas. Co. v. Burger, 176 Ga. App. 471, 336 S.E.2d 591, 1985 Ga. App. LEXIS 2346 (1985). Five year period of Ga. L. 1953, Nov.-Dec. Sess, p. 342, §§ 1 and 2 (see now O.C.G.A. § 9-2-60), relating to dismissals for want of prosecution, was not a limitation within the meaning of former
Code 1933, § 3-804 (see now O.C.G.A. § 9-3-93). Swint v. Smith, 219 Ga. 532, 134 S.E.2d 595, 1964 Ga. LEXIS 311 (1964). Partnership claim filed nine years after death of first partner was barred under this section. Roach v. Roach, 143 Ga. 486, 85 S.E. 703, 1915 Ga. LEXIS 494 (1915).
RESEARCH REFERENCES Am. Jur. 2d. 51 Am. Jur. 2d, Limitation of Actions, §§ 191 et seq., 222.
ALR. Effect of statement of claim against decedent’s estate regarding debt apparently
barred by the statute of limitations, 119 A.L.R. 426. Application and limits of rule that death of person liable does not interrupt running of statute of limitations, 174 A.L.R. 1423.
Tolling or interruption of running of statute of limitations pending appointment of executor or administrator for tortfeasor in personal injury or death action, 47 A.L.R.3d 179.
Notes of Decisions
Jefferson Pilot Fire & Cas. Co. v. Burger, 336 S.E.2d 591 (Ga. Ct. App. 1985).
· cites it 16× “OCGA § 9-3-93 provides that "[t]he time between the death of a person and the commencement of representation upon his estate.”
Preferred Women's Healthcare, LLC v. Jason A. Sain, 823 S.E.2d 569 (Ga. Ct. App. 2019).
· cites it 2× “include, without limitation, that a reasonable relationship exists between the provisions, goals, and classifications of this Code section and the rational, legitimate state objectives of providing quality health care, assuring the availability of physicians, preventing the…”
Morris v. Morris, 756 S.E.2d 616 (Ga. Ct. App. 2014).
· cites it 2× “Notably, OCGA § 9-3-93 provides for an extension of the statute of limitation for creditors of an estate until a personal representative is appointed.”
Hameed Somani v. Zachary Albert Brendle Cannon (Ga. Ct. App. 2022).
· cites it 2× “5 OCGA § 9-3-93 provides: The time between the death of a person and the commencement of representation upon his estate or between the termination of one administration and the commencement of another shall not be counted against creditors of his estate, provided that such time…”
Hawkins v. Stoddard (M.D. Ga. 2023).
“§ 9-3-93 (“The time between the death of a person and the commencement of representation upon his estate .”
Hawkins v. Stoddard (M.D. Ga. 2023).
“§ 9-3-93 (“The time between the death of a person and the commencement of representation upon his estate .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.