One Click Case Law for § 53-7-121
O.C.G.A. § 53-7-120 <-- --> O.C.G.A. §53-7-122

2010 Georgia Code

TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

CHAPTER 7 - ADMINISTRATION OF ESTATES GENERALLY
ARTICLE 5 - REMOVING JURISDICTION OF ADMINISTRATION TO ANOTHER COUNTY
§ 53-7-121 - (Pre-1998 Probate Code) Removal of action for settlement of accounts to county of residence of administrator or executor; procedure

O.C.G.A. 53-7-121 (2010)
53-7-121. (Pre-1998 Probate Code) Removal of action for settlement of accounts to county of residence of administrator or executor; procedure


(a) When any person is cited to appear as administrator or executor for a settlement of his accounts in the county where he administered and he is not a resident of the county at the time the citation is issued, he may remove the action, at any stage thereof, to the county of his residence, upon complying with the following conditions:

(1) If the person is cited as administrator, he shall comply with Code Section 53-7-120, and, in addition, he shall give bond and security in the sum of $1,000.00, payable to the person or persons citing him, conditioned to file in the court to which the case is removed all the papers in the case without delay;

(2) If the person is cited as executor, he may remove the case by giving the bond referred to in paragraph (1) of this subsection and complying with all of the provisions of Code Section 53-7-120, except paragraph (2) of subsection (a) of such Code section, which requires a bond to be given to the judge of the probate court of the county to which the removal is had; provided, however, that, if the executor has been required by the judge of the probate court of the county from which the trust is removed to give bond or is required by the will under which he is qualified to give bond, he shall give a like bond in the county to which his trust is removed;

(3) If the case is pending before the probate court, it shall be transferred to the probate court of the defendant's residence;

(4) If the case is pending in the superior court, in any stage before the final trial it shall be transferred to the superior court of the defendant's residence and shall occupy the same position in court, the applicant first paying all accrued costs; and

(5) A removal shall be effected on motion and by complying with the provisions of paragraphs (1) through (4) of this subsection, and all jurisdiction over the case in the court in which the motion is made shall cease.

(b) Subsection (a) of this Code section shall apply only to cases in which neither the parties plaintiff nor defendant were residents of the county where the citation was originally issued at the time the action was brought or application for removal was made. Subsection (a) of this Code section shall not apply to cases in which citations for settlement against such executors or administrators are pending at the time of the proposed removal in the probate court, without the consent of all the parties in interest.