§ 53-7-143 - (Pre-1998 Probate Code) Petition of administrator or executor for discharge after six months; issuance and publication of citation; hearing; examination by judge of probate court; effec
O.C.G.A. 53-7-143 (2010)
53-7-143. (Pre-1998 Probate Code) Petition of administrator or executor for discharge after six months; issuance and publication of citation; hearing; examination by judge of probate court; effect of discharge on rights of minor heir, distributee, or legatee
(a) This Code section shall apply to corporate administrators or executors as well as individuals.
(b) Notwithstanding any other law to the contrary, the administrator or executor, at any time after six months from the date of his qualification, may petition the judge of the probate court to discharge him from his trust. In every such case, citation shall issue and be published as provided by Code Section 53-7-140.
(c) Notwithstanding any other law to the contrary, upon the hearing of the citation issued as provided by subsection (b) of this Code section, the judge of the probate court shall examine into the condition of the estate and, if he is satisfied that the administrator or executor has fully administered the estate and has faithfully discharged all his duties as administrator or executor, the prayer of the petition shall be granted and the administrator or executor released from all liability as such; provided, however, that any heir, distributee, or legatee who is a minor at the time of the discharge shall have the rights provided by Code Section 53-7-141.