Upon petition to the probate court, a person named as an executor in a purported will of a decedent shall be entitled to recover from the estate of the decedent the expenses incurred in offering the will for probate in common or solemn form, including reasonable attorney's fees, provided the person proceeded in good faith. The probate court shall determine whether the person proceeded in good faith and the amount of the expenses. The order of the probate court shall be subject to appeal as is provided in other cases.
(Code 1981, §53-5-26, enacted by Ga. L. 1996, p. 504, § 10.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 31 Am. Jur. 2d, Executors and Administrators, §§ 471, 517.
C.J.S.- 34 C.J.S., Executors and Administrators, § 1140. 95 C.J.S., Wills, §§ 787, 791, 793.
ALR.
- Right to allowance out of the estate of attorney's fees in attempt to establish or defeat a will, 10 A.L.R. 783; 40 A.L.R.2d 1407.
Attorney's lien on decedent's estate, 50 A.L.R. 657.
Power of probate court to require attorney to return to estate or trust overpayment on account of fees or services, 70 A.L.R. 478.
Allowance out of decedent's estate for services rendered by attorney not employed by executor or administrator, 142 A.L.R. 1459.
Validity, construction, and effect of provision in will regarding amount payable for attorney's services, 148 A.L.R. 362.
Attorney's fees and expenses incurred by personal representative in successful defense of will contest as chargeable to the residuary estate or as apportionable among beneficiaries, 20 A.L.R.2d 1226.
Personal liability of executor or administrator for fees of attorney employed by him for the benefit of the estate, 13 A.L.R.3d 518.
Amount of attorneys' compensation in absence of contract or statute fixing amount, 57 A.L.R.3d 475.
Amount of attorneys' compensation in proceedings involving wills and administration of decedents' estates, 58 A.L.R.3d 317.