§ 53-8-28 - (Pre-1998 Probate Code) Sale of real property which is held pending arrival of beneficiaries at age of majority or subject to future contingency for payment of debts -- Filing of petitio
O.C.G.A. 53-8-28 (2010)
53-8-28. (Pre-1998 Probate Code) Sale of real property which is held pending arrival of beneficiaries at age of majority or subject to future contingency for payment of debts -- Filing of petition prior to sale; contents of petition
Before any sale pursuant to Code Section 53-8-27 is finally consummated, the executor, administrator, or other trustee shall file, in the office of the clerk of the superior court of the county in which administration is being had, a petition in writing addressed to the judge of the superior court of the county. The petition shall set forth fully and in detail the amount of indebtedness; to whom the amount is due; when and by whom contracted; the rate of interest being paid; when the indebtedness will be due; whether the indebtedness, or any part thereof, is secured by deed, mortgage, or other lien on any property belonging to the estate; the amount of secured indebtedness; how secured; the date the same was contracted; to whom due; when due; the rate of interest; and the disposition of the property so encumbered by security deed, mortgage, or other contractual lien. If a judgment is outstanding against the estate, this fact shall be fully stated in the petition, along with the name of the plaintiff, the amount of the judgment or judgments, the date or dates of same, from what court the judgment or judgments issued, and the full amount due on the judgment or judgments.