§ 53-4-10 - (Pre-1998 Probate Code) Recovery of estate from heirs or purchasers by administrator; showing required to recover real property - Georgia Statutes

O.C.G.A. 53-4-10 (2010)
53-4-10. (Pre-1998 Probate Code) Recovery of estate from heirs or purchasers by administrator; showing required to recover real property

The administrator may recover possession of any part of the estate from the heirs at law or purchasers from them; but, in order to recover real property, it is necessary for him to show, upon the trial, either that the property which is the subject of the action has been in his possession and without his consent is held by the defendant at the time of bringing the action or that it is necessary for him to have possession for the purpose of paying the debts, making a proper distribution, or for other purposes provided for by law. An order for sale or distribution, granted by the judge of the probate court after notice to the defendant, shall be conclusive evidence of either fact.