---
title: O.C.G.A. § 53-7-10. Allowable defenses; generally.
collection: code
id: 53-7-10
cite_as: O.C.G.A. § 53-7-10 (2025)
canonical_url: https://georgiacommons.org/code/53-7-10
md_url: https://georgiacommons.org/code/53-7-10.md
text_url: https://georgiacommons.org/code/53-7-10/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=589
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 / ADMINISTRATION OF ESTATES GENERALLY / ACTIONS AGAINST PERSONAL REPRESENTATIVES
---

# O.C.G.A. § 53-7-10. Allowable defenses; generally.

(a) For purposes of this article, the term ‘‘personal representative’’ includes temporary administrators.

(b) When an action is brought against a personal representative in that person’s representative capacity, the personal representative may make the following defenses:

(1) That person does not occupy the position of personal representative, as alleged;

(2) That no assets have come into the hands of the personal representative;

(3) That all assets coming into the hands of the personal representative have been fully administered;

(4) That all assets coming into the hands of the personal representative have been fully administered except those necessary to satisfy debts of a greater priority;

(5) That the personal representative has fully administered the assets that came into the personal representative’s hands; or

(6) That, pending the action, the letters testamentary or of administration have been revoked and the administration committed to another to whom all the assets that came into the personal representative’s hands have been delivered.

## History

Code 1981, § 53-7-10, enacted by Ga. L. 1996, p. 504, § 10.