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O.C.G.A. § 53-6-2

Executor de son tort

Applied in 2 court decisions — leading case Morrison Supply Co. v. Dalton (In Re Dalton) (2009)

Most recently applied in In re Estate of Taylor (January 2021)

— Code 1981, § 53-6-2, enacted by Ga

Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son tort and as such shall be liable to the creditors and heirs or beneficiaries of the estate for double the value of the property so possessed and converted. Such executor shall not be allowed to set off any debt due the executor by the decedent or voluntarily paid by the executor out of the assets. If the executor dies, the executor’s personal representative shall be liable in the same manner and to the same extent as would the executor were the executor still living.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.