|SB 97 - Wills, Trusts - temporary administrator
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.
Code Sections -
||Read 1st time
SB 97 99 LC 19 4109
SENATE BILL 97
By: Senator Brown of the 26th
A BILL TO BE ENTITLED
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:
(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
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
Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00