2019 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 7 - Administration of Estates Generally
Article 4 - Claims Against or in Favor of Estate
§ 53-7-40. Liability of estate; priority of claims

Universal Citation: GA Code § 53-7-40 (2019)
  • Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following order:
    • (1) Year's support for the family;

    • (2) Funeral expenses, whether or not the decedent leaves a surviving spouse, in an amount which corresponds with the circumstances of the decedent in life. If the estate is solvent, the personal representative is authorized to provide a suitable protection for the grave;

    • (3) Other necessary expenses of administration;

    • (4) Reasonable expenses of the decedent's last illness;

    • (5) Unpaid taxes or other debts due the state or the United States;

    • (6) Judgments, secured interests, and other liens created during the lifetime of the decedent, to be paid according to their priority of lien. Secured interests and other liens on specific property shall be preferred only to the extent of such property; and

    • (7) All other claims.


Code 1981, § 53-7-40, enacted by Ga. L. 1996, p. 504, § 10.

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