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SB 97 - Wills, Trusts - temporary administrator
Brown, Robert (26th)
Status Summary SC: Judy HC: FR: 02/02/99 LA: 02/02/99 S - Read 1st time

First Reader Summary

A bill to amend Article 4 of Chapter 6 of Title 53, The Revised Probate Code of 1998, of the Official Code of Georgia Annotated, relating to temporary administration, so as to change provisions relating to the appointment of a temporary administrator; to provide an effective date.

Page Numbers: 1 2
Code Sections - 53-6-30

Senate Action House
2/2/99 Read 1st time
Version by LC Number
LC 19 4109 As Introduced

SB 97  99                                          LC 19 4109 
 
      SENATE BILL 97 
 
      By:  Senator Brown of the 26th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 4 of Chapter 6 of Title 53, The Revised 
  1- 2  Probate Code of 1998, of the Official Code of Georgia 
  1- 3  Annotated, relating to temporary administration, so as to 
  1- 4  change provisions relating to the appointment of a temporary 
  1- 5  administrator; to provide an effective date; to repeal 
  1- 6  conflicting laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Article 4 of Chapter 6 of Title 53, The Revised Probate Code 
  1-10  of 1998, of the Official Code of Georgia Annotated, relating 
  1-11  to temporary administration, is amended by striking in its 
  1-12  entirety Code Section 53-6-30, relating to the power of the 
  1-13  court, and inserting in lieu thereof a new Code Section 
  1-14  53-6-30 to read as follows: 
 
  1-15    "53-6-30. 
 
  1-16    (a) The probate court may at any time and without notice 
  1-17    grant temporary letters of administration on an 
  1-18    unrepresented estate to continue in full force and effect 
  1-19    until the temporary administrator is discharged or a 
  1-20    personal representative is appointed. 
 
  1-21    (b)(a) The A temporary administrator shall be selected by 
  1-22    a majority in interest of all the heirs of a deceased 
  1-23    intestate.  With respect to any heir who is not sui juris, 
  1-24    consent may be given by the guardian of the individual. 
  1-25    When no such selection is made by the heirs, the probate 
  1-26    court may appoint such person as temporary administrator 
  1-27    as the court determines to be in the best interests of the 
  1-28    estate.  Issuance of temporary letters of administration 
  1-29    requires due notice to the decedent's heir in accordance 
  1-30    with Chapter 11 of this title.  Temporary letters of 
  1-31    administration shall continue in full force and effect 
  1-32    until the temporary administrator is discharged or a 
  1-33    personal representative is appointed. Pending an issue of 
  1-34    devisavit vel non upon any paper propounded as a will 
 
 
                                 -1- 
 
 
 
  2- 1    which has not been admitted to probate in common form, the 
  2- 2    executor nominated in the purported will shall have 
  2- 3    preference in the appointment of a temporary 
  2- 4    administrator. 
 
  2- 5    (c)(b) There shall be no appeal from an order granting 
  2- 6    temporary letters of administration." 
 
  2- 7                           SECTION 2. 
 
  2- 8  This Act shall become effective on July 1, 1999. 
 
  2- 9                           SECTION 3. 
 
  2-10  All laws and parts of laws in conflict with this Act are 
  2-11  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00