---
title: O.C.G.A. § 53-6-38. Administration of unrepresented estate by county administrator.
collection: code
id: 53-6-38
cite_as: O.C.G.A. § 53-6-38 (2025)
canonical_url: https://georgiacommons.org/code/53-6-38
md_url: https://georgiacommons.org/code/53-6-38.md
text_url: https://georgiacommons.org/code/53-6-38/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=561
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.
up: https://georgiacommons.org/code/53-6.md
previous: https://georgiacommons.org/code/53-6-37.md
next: https://georgiacommons.org/code/53-6-39.md
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: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / ADMINISTRATORS AND PERSONAL REPRESENTATIVES / COUNTY ADMINISTRATORS
---

# O.C.G.A. § 53-6-38. Administration of unrepresented estate by county administrator.

If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, with notice given as provided for in Code Section 53-6-22. If, however, the estate does not exceed in value the sum set aside to the spouse and children of the decedent as year’s support, no administration shall be necessary, but the probate court shall by order set apart the same to the spouse and children, as provided by law.

## History

Code 1981, § 53-6-38, enacted by Ga. L. 1996, p. 504, § 10.

## Law Reviews

For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).