(For Effective Date, See note.) Warranty; Personal Liability of Personal Representative

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Investments, Sales, and Conveyances
  5. Sales and Conveyances
  6. (For Effective Date, See note.) Warranty; Personal Liability of Personal Representative

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  1. Regardless of whether a personal representative has the powers provided by paragraph (1) of subsection (b) of Code Section 53-12-261 or by the corresponding provision of any statute incorporated pursuant to subsection (d) of Code Section 53-12-263 or otherwise has similar such powers, and regardless of whether such powers are granted by a probate court or are enumerated in or incorporated by reference into a will by a testator, a personal representative may not bind the estate by any warranty in any conveyance or contract.
  2. A personal representative shall not be bound personally by any warranty in any conveyance or contract, unless the intention to create a personal liability is distinctly expressed.

(Code 1981, §53-8-14, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-58/HB 865.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, § 790.

C.J.S.

- 34 C.J.S., Executors and Administrators, § 775.

ALR.

- Personal liability of trustee, executor, administrator, or guardian, as affected by terms of contract or form of signature, 138 A.L.R. 155.


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