Personal Representative as Trustee; Right of Personal Representative to a Commission; Power of Heirs to Require Transfer

1. Law
2. Georgia Code
3. Property
4. Recordation and Registration of Deeds and Other Instruments
5. Land Registration
6. Conveyance, Transfer, and Descent
7. Personal Representative as Trustee; Right of Personal Representative to a Commission; Power of Heirs to Require Transfer

Subject to the powers, rights, and duties of administration, the personal representative of the deceased owner shall hold registered real estate as trustee for the persons beneficially entitled thereto by law. Unless otherwise entitled by law to commissions, the personal representative shall be entitled to no commissions thereon except in cases of necessary sales in the due course of administration. The heirs at law or beneficiaries entitled by law to the real estate shall have the same power of requiring a transfer of such estate as if it were personal estate.

(Ga. L. 1917, p. 108, § 43; Code 1933, § 60-509.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Records and Recording Laws, § 144.

C.J.S.

- 76 C.J.S., Registration of Land Titles, § 36.

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