Georgia § 29-3-49 - Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement.
Full text of Georgia Official Code of Georgia Annotated § 29-3-49 — Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement., with citation guidance and answers to common questions.
§ 29-3-49. Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement.
The surety on the bond of any conservator or, if the surety is dead, the surety's personal representative, may at any time petition the court regarding any misconduct of the conservator in the discharge of the conservator's trust or to show the court its desire for any reason to be relieved as surety. The death of a surety shall be a sufficient ground for the discharge of the surety from future liability. Upon a petition by the surety or the surety's personal representative, the court shall cite the conservator to appear and show cause, if any, why the surety should not be discharged. After hearing the parties and the evidence, the court, in its discretion, may issue an order discharging the surety from all future liability and requiring the conservator to give new and sufficient security or be removed as conservator. If new security is given, the discharged surety shall be discharged only from liability for future misconduct of the conservator from the time the new security is given. The new surety shall be liable for past as well as future misconduct of the conservator. If new security is not given and the conservator is removed, the discharged surety shall be bound for a true accounting of the conservator with the successor conservator or with the minor if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up to the time of the settlement with the new conservator or the minor. (Code 1981, § 29-3-49 , enacted by Ga. L. 2004, p. 161, § 1.) Cross references. - Requiring guardian to give other security or be discharged on application of ward's relative or on court's own motion, § 29-4-15 . Law reviews. - For annual survey article on wills, trusts and administration of estates, see 50 Mercer L. Rev. 381 (1998).
Frequently Asked Questions About Georgia § 29-3-49
What does Official Code of Georgia Annotated § 29-3-49 cover?
Section 29-3-49 ("Petition for release from surety obligation; order of discharge; appointment and liability of new surety; accounting requirement.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 29-3-49?
A common citation format is "Official Code of Georgia Annotated § 29-3-49" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 29-3-49 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.