§ 53-7-145 - (Pre-1998 Probate Code) Petition of executor for discharge when relieved by will of duty of making return; issuance and publication of citation; letters of dismission; petition by admin - Georgia Statutes

O.C.G.A. 53-7-145 (2010)
53-7-145. (Pre-1998 Probate Code) Petition of executor for discharge when relieved by will of duty of making return; issuance and publication of citation; letters of dismission; petition by administrator for discharge

(a) As used in this Code section, the term "executor" includes corporate executors and coexecutors.

(b) Notwithstanding any other law to the contrary, any executor of the last will and testament of a deceased person, who is relieved by the will, or by consent of the beneficiaries as provided by law, of the duty of making returns to the judge of the probate court of the county in which the will was probated and who has fully administered the estate of the decedent and fully executed the will of the testator, may be discharged and dismissed as the executor, upon filing with the judge of the probate court of the county a verified petition for discharge, setting forth that he has fully administered the estate and fully executed the will but has made no returns of his acts and doings as executor because he was relieved of the duty by the will or by consent of the beneficiaries as provided by law.

(c) Notwithstanding any other law to the contrary, upon the petition being filed, the judge of the probate court shall issue citation and cause the same to be published as provided by law in the case of applications of administrators for discharge and, unless good cause is shown to the contrary, at the first term of the probate court after the completion of publication, the judge of the probate court shall issue to the executor letters of dismission, without examination into the condition of the estate and without requiring the filing of returns by the executor.

(d) Notwithstanding any other law to the contrary, any administrator who is relieved by consent of the heirs at law, as provided by law, of the duty of making returns to the judge of the probate court of the county of his appointment and who has fully administered the estate of the decedent may be discharged and dismissed as administrator upon filing with the judge of the probate court of such county a verified petition for discharge, setting forth that he has fully administered the estate but has made no returns of his acts and doings as administrator because he was relieved of the duty by consent of the heirs at law as provided by law.