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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 7. ADMINISTRATION OF ESTATES GENERALLY · Article 2. ACTIONS AGAINST PERSONAL REPRESENTATIVES

53-7-21. Against what property judgment levied.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. In an action against a personal representative in that person’s representative capacity, the judgment shall generally be de bonis testatoris. However, when the personal representative unsuccessfully makes any of the defenses described in Code Section 53-7-10 or a release, the judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the property of the decedent, if found, and if such property is not found, then to be levied on the property of the defendant personal representative.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 53-7-21, enacted by Ga. L. 1996, p. 504, § 10.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, page 594; merge action: carried; file SHA-256 062775612dfc.