Statutes > Georgia Statutes > TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES > CHAPTER 7 - ADMINISTRATION OF ESTATES GENERALLY > ARTICLE 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES > § 53-7-44 - (Pre-1998 Probate Code) Substitution of administrator in action against removed executor or administrator

§ 53-7-44 - (Pre-1998 Probate Code) Substitution of administrator in action against removed executor or administrator

O.C.G.A. 53-7-44 (2010)
53-7-44. (Pre-1998 Probate Code) Substitution of administrator in action against removed executor or administrator


(a) When letters testamentary are revoked and an intestacy for any cause is declared, no action by or against the removed executor shall abate. The newly appointed administrator may be made a party plaintiff or defendant in place of the removed executor.

(b) The revocation of letters of administration shall not abate any action pending for or against the administrator, but the administrator de bonis non shall be made a party in proper cases as in case of the death of a party.