---
title: O.C.G.A. § 53-8-14. Warranty; personal liability of personal representative.
collection: code
id: 53-8-14
cite_as: O.C.G.A. § 53-8-14 (2025)
canonical_url: https://georgiacommons.org/code/53-8-14
md_url: https://georgiacommons.org/code/53-8-14.md
text_url: https://georgiacommons.org/code/53-8-14/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=694
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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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 / INVESTMENTS, SALES, AND CONVEYANCES / SALES AND CONVEYANCES
---

# O.C.G.A. § 53-8-14. Warranty; personal liability of personal representative.

(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.

(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.

## 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.’’