2010 Georgia Code 53-7-48 Case Law
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One Click Case Law for § 53-7-48
O.C.G.A. § 53-7-47 <-- --> O.C.G.A. §53-7-49



2010 Georgia Code

TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

CHAPTER 7 - ADMINISTRATION OF ESTATES GENERALLY
ARTICLE 2 - BONDS OF PERSONS CHARGED WITH ADMINISTRATION OF ESTATES AND ACTIONS THEREON
§ 53-7-48 - (Pre-1998 Probate Code) Defenses in actions against administrators and executors as such

O.C.G.A. 53-7-48 (2010)
53-7-48. (Pre-1998 Probate Code) Defenses in actions against administrators and executors as such


When an action is brought against an executor or administrator in his representative character, he may make the following defenses:

(1) That he does not occupy the position of executor or administrator as alleged;

(2) That no assets have come into his hands;

(3) That he has fully administered all the assets that have come into his hands except a sum not sufficient to satisfy debts of a higher nature against the decedent held by third persons;

(4) That he has fully administered the assets that came into his hands; or

(5) That, pending the action, his letters testamentary or of administration have been revoked and the administration committed to another, to whom all the assets which came into his hands have been delivered.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com