Georgia § 53-7-56 - Resignation.
Full text of Georgia Official Code of Georgia Annotated § 53-7-56 — Resignation., with citation guidance and answers to common questions.
§ 53-7-56. Resignation.
A personal representative may resign: In the manner and under the circumstances described in the will; Upon petition to the probate court, showing that the resignation has been requested in writing by all heirs of an intestate estate or all beneficiaries of a testate estate; or Upon petition to the probate court, showing to the satisfaction of the court that: The personal representative is unable to continue serving due to age, illness, infirmity, or other good cause; Greater burdens have developed upon the office of personal representative than those that originally were contemplated or should have been contemplated when the personal representative was qualified and the additional burdens would work a hardship upon the personal representative; Disagreement exists between one or more of the beneficiaries or heirs and the personal representative in respect to the personal representative's management of the estate, which disagreement and conflict appear deleterious to the estate; The resignation of the personal representative will result in or permit substantial financial benefit to the estate; The resigning personal representative is one of two or more acting personal representatives and the other personal representatives will continue in office with no adversity to the estate contemplated; or The resignation would not be disadvantageous to the estate. A personal representative's petition to resign shall be made to the probate court and the court shall cause citation to issue and service of notice to be made upon all the heirs of an intestate estate or the beneficiaries of a testate estate in the manner provided by Chapter 11 of this title. (Code 1981, § 53-7-56 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-47/HB 865.) The 2020 amendment, effective January 1, 2021, substituted "that originally were" for "which were originally" in subparagraph (a)(3)(B); and, in subsection (b), substituted "the court shall cause citation to issue and service of notice to" for "service shall" and inserted "in the manner provided by Chapter 11 of this title" at the end.
Frequently Asked Questions About Georgia § 53-7-56
What does Official Code of Georgia Annotated § 53-7-56 cover?
Section 53-7-56 ("Resignation.") 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 § 53-7-56?
A common citation format is "Official Code of Georgia Annotated § 53-7-56" (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 § 53-7-56 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.