2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 7 - Administration of Estates Generally
Article 5 - Discharge and Resignation
§ 53-7-55. Revocation of Letters of Personal Representative or Other Sanctions

1. Upon the petition of any person having an interest in the estate or whenever it appears to the probate court that good cause may exist to revoke the letters of a personal representative or impose other sanctions, the court shall cite the personal representative to answer to the charge. Upon investigation, the court may, in the court's discretion:
   1. Revoke the personal representative's letters;
   2. Require additional security;
   3. Require the personal representative to appear and submit to a settlement of accounts following the procedure set forth in Article 6 of this chapter, regardless of whether the personal representative has first resigned or been removed and regardless of whether a successor fiduciary has been appointed; or
   4. Issue such other order as in the court's judgment is appropriate under the circumstances of the case.
2. In any proceeding brought pursuant to this Code section, service of notice shall be made in the manner provided by Chapter 11 of this title.

(Code 1981, §53-7-55, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-46/HB 865.)

The 2020 amendment, effective January 1, 2021, designated the existing provisions as subsection (a); in paragraph (a)(3), substituted "regardless of whether" for "whether or not" twice; and added subsection (b).

- For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 275, 278 et seq., 279 et seq., 294 et seq., 356 et seq.

- 33 C.J.S., Executors and Administrators, § 107 et seq.

- Delay of one named as executor and created trustee in setting up trust as declination of or vacancy in trust, or as ground for removal as trustee, 76 A.L.R. 1385.

Allowance out of decedent's estate for costs and attorneys' fees incurred by parties interested in granting or revoking of letters of administration or letters testamentary, 90 A.L.R. 101.

Insolvency of, or appointment of receiver or other liquidator for corporation, as affecting its status as executor, administrator, guardian, or trustee, 102 A.L.R. 124.

Personal interests of executor or administrator adverse to or conflicting with those of other persons interested in estate as ground for revocation of letters or removal, 119 A.L.R. 306.

Requisites of notice and hearing in court proceedings for removal of personal representative, 47 A.L.R.2d 307.

Physical condition as affecting competency to act as executor or administrator, 71 A.L.R.3d 675.

Resignation or removal of executor, administrator, guardian, or trustee, before final administration or before termination of trust, as affecting his compensation, 96 A.L.R.3d 1102.

Delay of executor or administrator in filing inventory, account, or other report, or in completing administration and distribution of estate, as ground for removal, 33 A.L.R.4th 708.