---
title: O.C.G.A. § 53-7-42. Time for payment of debts; time for commencing action to recover debt.
collection: code
id: 53-7-42
cite_as: O.C.G.A. § 53-7-42 (2025)
canonical_url: https://georgiacommons.org/code/53-7-42
md_url: https://georgiacommons.org/code/53-7-42.md
text_url: https://georgiacommons.org/code/53-7-42/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=616
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/53-7.md
previous: https://georgiacommons.org/code/53-7-41.md
next: https://georgiacommons.org/code/53-7-43.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 / ADMINISTRATION OF ESTATES GENERALLY / CLAIMS AGAINST OR IN FAVOR OF ESTATE
---

# O.C.G.A. § 53-7-42. Time for payment of debts; time for commencing action to recover debt.

(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.

(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.

## History

Code 1981, § 53-7-42, enacted by Ga. L. 1996, p. 504, § 10.

## 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).

## 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