2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 7 - Administration of Estates Generally
Article 6 - Settlement of Accounts
Part 1 - General Provisions
§ 53-7-62. Appearance Before Court; Failure of Personal Representative to Appear; Right to Appeal
- Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal representative to appear before the probate court for a settlement of accounts. Alternatively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries and all persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full to be present at the settlement of the personal representative's accounts by the court. The settlement shall be conclusive upon the personal representative and upon all the heirs or beneficiaries and all remaining persons who claim to be creditors who receive service of notice of the settlement proceeding in the probate court and the hearing in the manner provided by subsection (b) of this Code section or by Chapter 11 of this title. The court may, in the court's discretion, give the personal representative additional time to settle the estate.
- If the personal representative fails or refuses to appear as cited, the probate court may proceed without the appearance of the personal representative. If the personal representative has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is served with notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or the sheriff's deputies upon the personal representative at the last address of the personal representative in the court records and it appears to the probate court that further attempts are likely to be futile, then service of notice shall be sufficient upon the personal representative for purposes of this Code section if the citation is mailed by first-class mail to such address.
- Any party to the settlement shall have the right to appeal.
(Code 1981, §53-7-62, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2002, p. 1316, § 5; Ga. L. 2020, p. 377, § 1-48/HB 865.)
The 2020 amendment, effective January 1, 2021, substituted "service of notice of the settlement proceeding in the probate court and the hearing in the manner provided by subsection (b) of this Code section or by Chapter 11 of this title" for "notice of the hearing" at the end of the third sentence in subsection (a); and, in subsection (b), substituted "served with notice" for "given notice" in the second sentence, and, in the third sentence, substituted "service of notice shall be sufficient upon the personal representative" for "service shall be sufficient upon the personal administrator".
RESEARCH REFERENCES
Am. Jur. 2d.
- 31 Am. Jur. 2d, Executors and Administrators, §§ 867, 872 et seq., 900, 903.
C.J.S.- 34 C.J.S., Executors and Administrators, §§ 979, 1011.
ALR.
- Right of surety on bond of executor, administrator, or testamentary trustee, as regards notice of proceedings to settle principal's account or reopen settlement, 93 A.L.R. 1366.
Decree settling account of executor who is also trustee as res judicata in respect of this liability in capacity of trustee, 116 A.L.R. 1290.
Right of executor or administrator to contest, or appeal from, court's rejection of claim against decedent's estate, 129 A.L.R. 922.
Failure of executor, administrator, trustee, or guardian to disclose self-dealing, as ground for vacating order or decree settling account, 132 A.L.R. 1522.
Refusal or failure of executor, administrator, guardian, conservator, trustee, receiver, or other fiduciary to pay over, or account for, funds, as contempt, 134 A.L.R. 927.
Conclusiveness of allowance of account of trustee or personal representative as respects self-dealing in assets of estate, 1 A.L.R.2d 1060.
Right of debtor of or person claimed to be liable to estate to contest will or challenge its admission to probate, 15 A.L.R.2d 864.
Beneficiary's consent to, acquiescence in, or ratification of, trustee's improper allocation or distribution of assets, 29 A.L.R.2d 1034.
Accountability of personal representative for his use of decedent's real estate, 31 A.L.R.2d 243.
