(For Effective Date, See note.) Power of Court; Appointment of Administrator; Appeal

1. Law
2. Georgia Code
3. Wills, Trusts, and Administration of Estates
4. Administrators and Personal Representatives
5. Temporary Administration
6. (For Effective Date, See note.) Power of Court; Appointment of Administrator; Appeal

1. The probate court may at any time and without service or notice to anyone grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed.
2. The probate court may appoint such person as temporary administrator as the court determines to be in the best interests of the estate. Pending an issue of devisavit vel non upon any paper propounded as a will that has not been admitted to probate in common form, the executor nominated in the purported will shall have preference in the appointment of a temporary administrator.
3. There shall be no appeal from an order granting temporary letters of administration, either to the superior court under subsection (a) of Code Section 5-3-2 or to the Supreme Court or the Court of Appeals under subsection (a) of Code Section 15-9-123.

(Code 1981, §53-6-30, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 23; Ga. L. 2020, p. 377, § 1-32/HB 865.)

Law reviews.

- For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982).

COMMENT

This section carries forward the substance of former OCGA Sec. 53-6-34. This section adds that the executor of a purported will is given preference when a temporary administrator is appointed, although the probate court has discretion to appoint as temporary administrator whoever serves the best interests of the estate. See Code Sec. 53-1-2 for the definition of "temporary administrator". For other provisions relating to the powers of temporary administrators, see Code Secs. 53-7-4 and 53-8-10(b).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-1207, and former O.C.G.A. §§ 53-6-34 and53-6-35 are included in the annotations of this Code section.

Authority to appoint temporary administrator.

- Under O.C.G.A. § 53-6-30(a), a probate court did not lack subject matter jurisdiction, nor did the court act in excess of the court's authority in appointing a temporary administrator for an estate when, since the former administrator was removed, the administrator's authority to act for the estate was suspended, and, thus, the estate was unrepresented while the appeal of the removal order was pending; the former administrator's petition for a writ of prohibition against the judge and the successor administrator was properly denied. Ray v. Jolles, 280 Ga. 452, 629 S.E.2d 250 (2006).

Powers granted.

- Former statute empowered a temporary administrator to collect and take care of effects of deceased until permanent letters of administration are granted. Kelly v. Citizens & S. Nat'l Bank, 160 Ga. App. 405, 287 S.E.2d 343 (1981) (decided under former Code 1933, § 113-1207).

Statutory consistency.

- There is no inconsistency between O.C.G.A. § 44-12-151, requiring selection of remedies, and former O.C.G.A. §§ 53-6-34 and53-7-93, requiring collection and preservation of assets of an estate and just and timely payment of the debts of an estate. Howard v. Parker, 163 Ga. App. 159, 293 S.E.2d 548 (1982) (decided under former O.C.G.A. § 53-6-34).

Attorney's fees.

- Temporary administrator's right to attorney fees may not extend beyond fees for such services as may have been necessary to assist the administrator in the securing of temporary letters of administration and the collection and preservation of the assets of the estate. Hudson v. Abercrombie, 258 Ga. 729, 374 S.E.2d 83 (1988) (decided under former O.C.G.A. § 53-6-34).

Cited in Guyett v. Guyett, 160 Ga. App. 622, 287 S.E.2d 632 (1981); Deller v. Smith, 250 Ga. 157, 296 S.E.2d 49 (1982); Smith v. Watts, 181 Ga. App. 524, 352 S.E.2d 840 (1987).

RESEARCH REFERENCES

10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 864.

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