Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 7. ADMINISTRATION OF ESTATES GENERALLY · Article 6. SETTLEMENT OF ACCOUNTS · Part 2. ANNUAL RETURNS AND INTERMEDIATE REPORTS

53-7-74. Filing of objections to intermediate report; continuation of hearing; appeal.

Active

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

At or before the time fixed for hearing, any parties at interest may file objections to the personal representative’s report, actions, and accounting, in which case the hearing on the accounting shall automatically be continued until a date certain, when, subject to the probate court’s power to grant continuances, the same shall be heard as other cases pending in the probate court with like right of appeal to the superior court. In such case, an appeal by consent may be taken to the superior court; provided, however, that such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been served with notice as provided in subsection (c) of Code Section 53-7-73 and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court.

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, § 53-7-74, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 40; Ga. L. 2020, p. 377, § 1-53/HB 865. The 2020 amendment, effective January 1, 2021, in this Code section, substituted ‘‘automatically be’’ for ‘‘be automatically’’, inserted ‘‘probate’’ twice, substituted ‘‘court. In’’ for ‘‘court; in’’, substituted ‘‘; provided, however, that such appellate procedures’’ for ‘‘. Such appellate procedures’’, and substituted ‘‘with notice as provided in subsection (c) of Code Section 53-7-73’’ for ‘‘appropriately’’.

Law reviews

For article, ‘‘Some Problems in Providing for Nonjudicial Settlement of the Trustee’s Accounts,’’ see 3 Ga. St. B.J. 417 (1967). For article, ‘‘Fiduciary Problems of the Executor and Trustee: Conflicts of Interest, Violations of Fiduciary Duties, Surcharge, and Other Remedies of Beneficiaries,’’ see 9 Ga. St. B.J. 187 (1972).

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

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