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§ 53-7-148 - (Pre-1998 Probate Code) Procedure upon mismanagement or default of administrator or executor; judicial action

O.C.G.A. 53-7-148 (2010)
53-7-148. (Pre-1998 Probate Code) Procedure upon mismanagement or default of administrator or executor; judicial action


Whenever the judge of the probate court knows or is informed by any person having any interest in the estate that the administrator or executor wastes or in any manner mismanages the estate, that he or his sureties are likely to become insolvent, that he refuses or fails to make returns as required by law, or that for any reason he is unfit for the trust reposed in him, the judge shall cite the administrator or executor to answer to the charge at some regular term of the court. Upon investigation of the administrator's or executor's action, the judge may, in his discretion, do any or all of the following:

(1) Revoke the administrator's or executor's letters;

(2) Require additional security;

(3) Require the administrator or executor to appear and submit to a settlement of his accounts following the procedure set forth in Code Sections 53-7-163 through 53-7-165, whether or not the administrator or executor has first resigned or been removed and whether or not a successor fiduciary has been appointed;

(4) Pass such other order as in his judgment is expedient under the circumstances of the case.

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