Requisites

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Administrators and Personal Representatives
  5. Bond
  6. Requisites

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  1. The bond of a personal representative or temporary administrator shall be secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state, shall be payable to the probate court for the benefit of all concerned, shall be conditioned upon the faithful discharge of the personal representative's or temporary administrator's duty as such as required by law, and shall be attested by the judge of the probate court or the clerk of the probate court.
  2. Whenever a personal representative or temporary administrator is required to give bond, the probate court may order the personal representative or temporary administrator to post such bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on the bond posted pursuant to this Code section shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds.
  3. The bond shall be in a sum equal to double the value of the estate to be administered; provided, however, that the bond shall be in an amount equal to the value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the personal representative or temporary administrator as fiduciary but, upon the conversion of the real property into personalty, a bond shall be given based upon the value of the estate, including the value of the personalty into which the real property was converted.
  4. Substantial compliance with these requisites for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requisites as to payee, amount, or condition, where the manifest intention was to give bond as personal representative or temporary administrator and a breach of the fiduciary's duty as such has been proved.

(Code 1981, §53-6-51, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 26.)

Law reviews.

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

COMMENT

This Code section replaces all or portions of former OCGA Secs. 53-6-23, 53-6-26, 53-7-3, 53-7-32.1, 53-7-34, and 53-7-35.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-7-30 are included in the annotations for this Code section.

Approval of application not required.

- Statute does not require probate court approval of an administrator's bond application. Fowler v. Smith, 243 Ga. App. 469, 533 S.E.2d 739 (2000) (decided under former O.C.G.A. § 53-7-30).

Cited in Deller v. Smith, 250 Ga. 157, 296 S.E.2d 49 (1982).

RESEARCH REFERENCES

10 Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 250.


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