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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 8. INVESTMENTS, SALES, AND CONVEYANCES · Article 2. SALES AND CONVEYANCES

53-8-14. Warranty; personal liability of personal representative.

Active

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

  1. (a)

    Regardless of whether a personal representative has the powers provided by paragraph (1) of subsection (b) of Code Section 53-12-261 or by the corresponding provision of any statute incorporated pursuant to subsection (d) of Code Section 53-12-263 or otherwise has similar such powers, and regardless of whether such powers are granted by a probate court or are enumerated in or incorporated by reference into a will by a testator, a personal representative may not bind the estate by any warranty in any conveyance or contract.#

  2. (b)

    A personal representative shall not be bound personally by any warranty in any conveyance or contract, unless the intention to create a personal liability is distinctly expressed.#

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, § 53-8-14, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-58/HB 865. The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: ‘‘A personal representative may not bind the estate by any warranty in any conveyance or contract, nor shall a personal representative be personally bound by such covenant, unless the intention to create a personal liability is distinctly expressed.’’

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