§ 53-6-1 - (Pre-1998 Probate Code) Powers, duties, and liabilities of administrators applicable to executors; agreement between executor and testator as to compensation
O.C.G.A. 53-6-1 (2010)
53-6-1. (Pre-1998 Probate Code) Powers, duties, and liabilities of administrators applicable to executors; agreement between executor and testator as to compensation
(a) All the provisions of this Code with reference to administrators of estates, prescribing the commissions allowed to them; their duties, powers, and liabilities; the mode of effecting sales, of making and receiving titles to property sold or purchased by their intestates, of investing the funds, of obtaining letters of dismission, of resigning their trusts, of removing proceedings to the county of their residence, of compelling settlements before the judge of the probate court, and of returns by representatives of deceased administrators; and relating to all other matters in their nature applicable to executors shall apply to and include executors to the same extent as if they were named therein, except as provided in subsection (b) of this Code section.
(b) The compensation of the executor of any last will and testament may be agreed upon by the testator and the executor by contract in writing, entered upon before, at the time of, or after the execution of the will, which fee shall not exceed the legal rate, unless the executor has a regular, published schedule of fees, in which case the fee shall not exceed the regular, published schedule of fees of the executor. Any such contract or agreement between a testator and an executor shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will.