2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 2 - Specific Periods of Limitation
§ 9-3-27. Actions Against Fiduciaries

All actions against executors, administrators, or guardians, except on their bonds, shall be brought within ten years after the right of action accrues.

(Orig. Code 1863, § 2863; Code 1868, § 2871; Code 1873, § 2922; Code 1882, § 2922; Civil Code 1895, § 3772; Civil Code 1910, § 4366; Code 1933, § 3-709; Ga. L. 1991, p. 810, § 4.)

- 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).

ANALYSIS

• General Consideration
• Actions Against Fiduciaries
• Running of Limitation

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 501 et seq., 1118 et seq. 51 Am. Jur. 2d, Limitation of Actions, §§ 149, 247, 250.

- 54 C.J.S., Limitation of Actions, § 237.

- Applicability of nonclaim statutes to claims arising under contract executory at the time of death, 41 A.L.R. 144; 47 A.L.R. 896.

Applicability of statute of nonclaim or limitation statute as between surviving partner and estate of deceased partner, 96 A.L.R. 441; 157 A.L.R. 1114.

Applicability to existing claims of statute shortening period for filing claims against decedent's estate; and constitutionality of statute as so applied, 117 A.L.R. 1208.

Scope and application of exception, as regards causes of action cognizable at law, to general rule exempting express trusts from operation of statute of limitations, 122 A.L.R. 286.

Pledge as a trust as regards statute of limitations, 139 A.L.R. 1333.

Attorney as trustee for purpose of running of statute of limitations against claim for money or property received or collected by him, 151 A.L.R. 1388.

Limitation statute applicable to action on bonds of public body or on obligation to collect revenues for their payment, 38 A.L.R.2d 930.

When statute of limitations begins to run against action on bond of personal representative, 44 A.L.R.2d 807.

When statute of limitations starts to run against enforcement of resulting trust, 45 A.L.R.2d 382.

What constitutes sufficient repudiation of express trust by trustee to cause statute of limitations to run, 54 A.L.R.2d 13.

When statute of limitations starts to run against enforcement of constructive trust, 55 A.L.R.2d 220.

Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234.

Estoppel or laches precluding lawful spouse from asserting rights in decedent's estate as against putative spouse, 81 A.L.R.3d 110.