One Click Case Law for § 53-3-23
O.C.G.A. § 53-3-22 <-- --> O.C.G.A. §53-3-3

2010 Georgia Code

TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

CHAPTER 3 - PROBATE
ARTICLE 1 - PROBATE OF DOMESTIC WILLS
§ 53-3-23 - (Pre-1998 Probate Code) Right of persons named as executors to recover expenses and attorney's fees if will refused probate; petition to probate court; appeal

O.C.G.A. 53-3-23 (2010)
53-3-23. (Pre-1998 Probate Code) Right of persons named as executors to recover expenses and attorney's fees if will refused probate; petition to probate court; appeal


Those who are named as executors in purported wills of decedents shall be entitled to recover expenses from the estate of the decedent, including reasonable attorney's fees if the services of an attorney are employed for offering wills for probate in solemn or common form, even if the will is subsequently determined not to be the valid will of the testator. However, such person shall not be entitled to recover from the estate the expenses and attorney's fees incurred in the effort to sustain the will in the event of a contest unless the person proceeds in good faith. The probate court shall determine, upon the petition of a person named as executor, the amount of expenses and the amount to be paid the attorney so employed, and its order shall be subject to appeal as is provided in other cases.