---
title: O.C.G.A. § 44-2-169. Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer.
collection: code
id: 44-2-169
cite_as: O.C.G.A. § 44-2-169 (2025)
canonical_url: https://georgiacommons.org/code/44-2-169
md_url: https://georgiacommons.org/code/44-2-169.md
text_url: https://georgiacommons.org/code/44-2-169/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=134
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS / LAND REGISTRATION / Conveyance, Transfer, and Descent
---

# O.C.G.A. § 44-2-169. Personal representative as trustee; right of personal representative to a commission; power of heirs to require transfer.

Subject to the powers, rights, and duties of administration, the personal representative of the deceased owner shall hold registered real estate as trustee for the persons beneficially entitled thereto by law. Unless otherwise entitled by law to commissions, the personal representative shall be entitled to no commissions thereon except in cases of necessary sales in the due course of administration. The heirs at law or beneficiaries entitled by law to the real estate shall have the same power of requiring a transfer of such estate as if it were personal estate.

## History

Ga. L. 1917, p. 108, § 43; Code 1933, § 60-509.