2020 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 2 - Descent and Distribution
Article 4 - Dispensing With Administration
§ 53-2-42. Right of Action by Creditor

Universal Citation: GA Code § 53-2-42 (2020)

After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the unsatisfied debts against the heirs, to the extent of the value of property received by the heirs.

(Code 1981, §53-2-42, enacted by Ga. L. 1996, p. 504, § 10.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Descent and Distribution, §§ 133, 134, 136, 138, 143 et seq.

C.J.S.

- 26B C.J.S., Descent and Distribution, §§ 71, 112 et seq.

ALR.

- Jurisdiction and power of equity to subject legacy, devise, or distributive share in estate to claim of creditor of legatee, devisee, or distributee, 123 A.L.R. 1293.

ARTICLE 5 ESCHEAT

Law reviews.

- For comment, "Unwrapping Escheat: Unclaimed Property Laws and Gift Cards," see 60 Emory L.J. 971 (2011).

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