Authority of Administrator; Method of Distribution Provided for in Will

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Descent and Distribution
  5. Distribution of Estate in Kind
  6. Authority of Administrator; Method of Distribution Provided for in Will

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  1. An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset.
  2. An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset only upon the written consent of all the heirs or upon an order of the probate court made pursuant to a petition filed by an heir or the administrator.
  3. Nothing in this Code section shall be construed as limiting or restricting the method of distribution provided for in a will or as requiring the approval of the probate court for a distribution or division in kind made pursuant to the directions in a will. In all cases where the will directs or authorizes a distribution or division in kind but fails to direct specifically how or by whom the distribution or division in kind is to be made, it shall be the duty and authority of the executor or administrator with the will annexed to make the distribution or division in kind.

(Code 1981, §53-2-30, enacted by Ga. L. 1996, p. 504, § 10.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Descent and Distribution, §§ 1, 2, 13. 31 Am. Jur. 2d, Executors and Administrators, §§ 914, 945, 946, 972, 979, 985 et seq.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 600, 605, 611, 614, 628, 644.

ALR.

- Partition: division of building, 28 A.L.R. 727.

Probate of will as condition precedent to suit for partition by devises, 141 A.L.R. 1311.

Right to partial distribution of estate or distribution of particular assets, prior to final closing, 18 A.L.R.3d 1173.

Lack of final settlement of intestate's estate as affecting heir's right to partition of realty, 92 A.L.R.3d 473.


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