Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 7. ADMINISTRATION OF ESTATES GENERALLY · Article 4. CLAIMS AGAINST OR IN FAVOR OF ESTATE

53-7-42. Time for payment of debts; time for commencing action to recover debt.

Active

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

  1. (a)

    The personal representative shall not be required to pay the debts of the estate, wholly or in part, until six months from the date of qualification of the first personal representative to serve. If partial payment shall be made, it shall be pro rata on debts of equal priority, including debts due the personal representative, and shall continue pro rata until the debts of the estate shall be paid out. Successive dividends to creditors shall be made at the end of every year until the estate shall be paid out.#

  2. (b)

    No action to recover a debt due by the decedent shall be commenced against the personal representative until the expiration of six months from the date of qualification of the first personal representative to serve.#

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, § 53-7-42, enacted by Ga. L. 1996, p. 504, § 10.

Administrative rules and regulations

Recovery of assistance; probate, Official Compilation of the Rules and Regulations of the State of Georgia, Estate Recovery, Department of Community Health, Medical Assistance, Estate Recovery, Sec. 111-3-8-.05

Law reviews

For article surveying developments in Georgia wills, trusts, and administration of estates law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 307 (1981). For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For article, ‘‘Defending the Lawsuit: A First-Round Checklist,’’ see 22 Ga. St. B.J. 24 (1985).

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 616; merge action: carried; file SHA-256 062775612dfc.