§ 53-7-37 - (Pre-1998 Probate Code) Petition to require administrator to give bond and security or be removed; name of person willing to take administration; service; hearing; order; time for compli - Georgia Statutes

O.C.G.A. 53-7-37 (2010)
53-7-37. (Pre-1998 Probate Code) Petition to require administrator to give bond and security or be removed; name of person willing to take administration; service; hearing; order; time for compliance; effect of default

(a) Where any person is appointed administrator of any estate without being required to give bond and security, any person interested in the estate as creditor, distributee, or legatee may require the person appointed to give bond and security as administrator and in default thereof to be removed; provided, however, that the person moving to have bond and security given or the administrator removed shall present the name of some fit and proper person who is willing to take the administration and who will give bond and security as administrator.

(b) The movant shall petition the judge of the probate court to require the administrator to give bond and security and in default thereof to remove him. The petition shall include the name of the person who is willing to take the administration and to give bond and security. The administrator shall be served personally with a copy of the petition and, at the expiration of ten days from the service of the petition, the judge shall hear the same. If the judge is satisfied that the person offered as administrator is a fit and proper person to be appointed, he shall require the administrator to give bond and security within a given time or in default thereof to be removed from the administration of the estate.

(c) The order requiring the administrator to give bond and security shall afford him not less than five nor more than 15 days within which to give such bond and security. If, at the expiration of the time given, the bond and security is not given, the judge of the probate court shall vest the administration in the person offered for that purpose.