---
title: O.C.G.A. § 53-7-62. Appearance before court; failure of personal representative to appear; right to appeal.
collection: code
id: 53-7-62
cite_as: O.C.G.A. § 53-7-62 (2025)
canonical_url: https://georgiacommons.org/code/53-7-62
md_url: https://georgiacommons.org/code/53-7-62.md
text_url: https://georgiacommons.org/code/53-7-62/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=649
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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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 / SETTLEMENT OF ACCOUNTS / GENERAL PROVISIONS
---

# O.C.G.A. § 53-7-62. Appearance before court; failure of personal representative to appear; right to appeal.

(a) Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal representative to appear before the probate court for a settlement of accounts. Alternatively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries and all persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full to be present at the settlement of the personal representative’s accounts by the court. The settlement shall be conclusive upon the personal representative and upon all the heirs or beneficiaries and all remaining persons who claim to be creditors who receive service of notice of the settlement proceeding in the probate court and the hearing in the manner provided by subsection (b) of this Code section or by Chapter 11 of this title. The court may, in the court’s discretion, give the personal representative additional time to settle the estate.

(b) If the personal representative fails or refuses to appear as cited, the probate court may proceed without the appearance of the personal representative. If the personal representative has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is served with notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or the sheriff’s deputies upon the personal representative at the last address of the personal representative in the court records and it appears to the probate court that further attempts are likely to be futile, then service of notice shall be sufficient upon the personal representative for purposes of this Code section if the citation is mailed by first-class mail to such address.

(c) Any party to the settlement shall have the right to appeal.

## History

Code 1981, § 53-7-62, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2002, p. 1316, § 5; Ga. L. 2020, p. 377, § 1-48/HB 865.

The 2020 amendment, effective January 1, 2021, substituted ‘‘service of notice of the settlement proceeding in the probate court and the hearing in the manner provided by subsection (b) of this Code section or by Chapter 11 of this title’’ for ‘‘notice of the hearing’’ at the end of the third sentence in subsection (a); and, in subsection (b), substituted ‘‘served with notice’’ for ‘‘given notice’’ in the second sentence, and, in the third sentence, substituted ‘‘service of notice shall be sufficient upon the personal representative’’ for ‘‘service shall be sufficient upon the personal administrator’’.