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
§ 53-7-64. Accounting for Income on Property Administered

A personal representative shall account for income on the property administered as follows:

1. The personal representative shall be charged with all income earned during the period of one year after the date of qualification;
2. For the period beginning one year after the date of qualification, the personal representative shall account for income as follows:
   1. All income earned on property the personal representative is:
      1. Authorized by the laws of this state to hold or invest in without securing the approval of any court to do so;
      2. Authorized by any court to hold or invest in; or
      3. Authorized by will to hold or invest in; and
   2. On all other property administered by the personal representative and, except as provided in paragraph (3) of this Code section, the personal representative shall be charged with the greater of the income earned on such property or the income it would have earned if invested at the legal rate of interest fixed by the laws of this state and in effect during the time the property was held. In applying this subparagraph, each item of property shall be treated separately, and income in excess of the legal rate of interest earned on one item may not be used to make up any deficiency in the income earned on another item; and
3. The personal representative shall be charged only with interest actually earned, if any, on funds held in a reasonable sum to pay anticipated expenses.

(Code 1981, §53-7-64, enacted by Ga. L. 1996, p. 504, § 10.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 879, 892, 894, 896 et seq.

- 34 C.J.S., Executors and Administrators, §§ 1012, 1013.

- Rate of interest chargeable against guardians, executors or administrators, and trustees, 112 A.L.R. 833; 156 A.L.R. 936.