---
title: O.C.G.A. § 53-6-40. Separate letters of administration; governing law; appointment for sole purpose of commencing or continuing lawsuit against estate.
collection: code
id: 53-6-40
cite_as: O.C.G.A. § 53-6-40 (2025)
canonical_url: https://georgiacommons.org/code/53-6-40
md_url: https://georgiacommons.org/code/53-6-40.md
text_url: https://georgiacommons.org/code/53-6-40/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=562
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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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. § 53-6-40. Separate letters of administration; governing law; appointment for sole purpose of commencing or continuing lawsuit against estate.

(a) The probate court shall grant to the county administrator separate letters of administration upon each estate placed in the county administrator’s hands. Except as provided in subsection (b) of this Code section, the county administrator shall be governed and controlled by the law provided for other administrators.

(b) If a petition is made for the appointment of a county administrator as the administrator of an unrepresented estate for the sole purpose of making it possible to commence or continue a lawsuit against the estate and the granting of such petition is otherwise proper under applicable law, the probate court may appoint the county administrator as administrator of such estate. The probate court shall relieve the county administrator from all liabilities, duties, and obligations otherwise imposed on the administrator of an estate, including but not limited to the marshaling of assets, the publication of notice to creditors, the filing of an inventory, the filing of returns, and the posting of a separate bond, except for those duties and obligations directly related to the acceptance of service of process and qualification as administrator and other duties directly related to the lawsuit. Additionally, the probate court may provide for the payment of reasonable compensation to the county administrator by the petitioner sufficient to cover the time devoted to and expenses incurred by the county administrator in the performance of the duties and obligations with respect to the estate, such compensation to be determined by the probate court in the same manner that the amount of any extra compensation claimed by the administrator is to be determined.

## History

Code 1981, § 53-6-40, enacted by Ga. L. 1996, p. 504, § 10.