§ 53-7-163 - (Pre-1998 Probate Code) Settlement before probate court -- Time of settlement; citation of administrator or executor or distributees; effect of settlement; failure or refusal of adminis
O.C.G.A. 53-7-163 (2010)
53-7-163. (Pre-1998 Probate Code) Settlement before probate court -- Time of settlement; citation of administrator or executor or distributees; effect of settlement; failure or refusal of administrator or executor to appear
(a) Any person interested as distributee or legatee may, after the expiration of six months from the grant of administration, cite the administrator or executor or his personal representative to appear before the judge of the probate court for a settlement of his accounts. Alternatively, if the administrator or executor chooses, he may cite all of the distributees to be present at the settlement of his accounts by the judge. The settlement shall be conclusive upon the administrator or executor and upon all the distributees who receive notice of the hearing. The judge may, in his discretion, give the administrator or executor additional time to settle the estate.
(b) If the administrator or executor fails or refuses to appear as cited, the court may proceed without the appearance of the administrator or executor. If the administrator or executor has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is given notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or his deputy upon the administrator or executor at the last address of the administrator or executor in the court records and it appears to the judge of the probate court that further attempts are likely to be futile, then service shall be sufficient upon the administrator or executor for purposes of this Code section if the citation is mailed by first-class mail to such address.