Georgia § 53-7-6 - Power to borrow money, make and fulfill contracts, provide legal counsel, continue decedent's business, and perform other acts.

§ 53-7-6. Power to borrow money, make and fulfill contracts, provide legal counsel, continue decedent's business, and perform other acts.

Except as otherwise provided in the will or ordered by the probate court, a personal representative is authorized: To borrow money and to bind the estate by the execution of a promissory note for money borrowed and to pledge any or all the property of the estate for the payment of such a promissory note by mortgage, trust deed, deed to secure debt, or other security instrument, for the purpose of paying any gift, estate, inheritance, income, sales, or ad valorem taxes due the United States, the state, or any municipality or county of the state that constitute a claim or demand against the estate; provided, however, that a personal representative who desires to borrow money shall file a petition with the probate court, setting forth the facts and specifying the amount to be borrowed, the purpose for which the same shall be used, the rate of interest to be paid, the property to be pledged as security and the period of time over which the loan is to be repaid and, upon service of notice of the petition, an order granting leave to borrow the money and encumber the estate shall be entered and such order shall be binding, final, and conclusive as to all interested parties; To make contracts for labor or service for the benefit of the estate upon such terms as the personal representative deems best and all such contracts made in good faith shall be a charge upon and bind the estate whenever such contracts are approved by the probate court after service of notice; To fulfill, as far as possible, the executory contracts and comply with the executed contracts of the decedent, including contracts for the sale of land or bonds to make title to land, and shall have a corresponding right to demand the same of parties contracted with; provided, however, that if the personal skill of the decedent entered into the consideration of the contract and the decedent's death renders execution impossible, the contract, though entire, shall be considered divisible and closed at the decedent's death and any partial execution by the decedent shall authorize and require a corresponding compliance by the other contracting party; To provide competent legal counsel for the estate according to the needs of the estate and, in such cases, either the personal representative or the attorney employed may, by petition to the probate court and citation served on the other, obtain a judgment fixing the attorney's fees and expenses; To continue the business of the decedent for the 12 months following qualification of the personal representative, after which the personal representative may petition for permission to continue the business under such terms and conditions as the probate court may specify after service of notice; and To petition the probate court for permission to perform such other acts as may be in the best interests of the estate after service of notice. Service of notice of any petition to the probate court under subsection (a) of this Code section shall be made in the manner provided by Chapter 11 of this title. The probate court, in its discretion, may, but shall not be required to, conduct a hearing on any such petition. (Code 1981, § 53-7-6 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-38/HB 865.) The 2020 amendment, effective January 1, 2021, designated the previously existing provisions as subsection (a); in subsection (a), inserted "or ordered by the probate court" in the introductory language, substituted "that" for "which" and "service of notice" for "notice and hearing" in paragraph (a)(1), added "after service of notice" at the end of paragraph (a)(2), substituted "and citation" for "duly" in paragraph (a)(4), and inserted "after service of notice" in paragraphs (a)(5) and (a)(6); and added subsection (b). Cross references. - Substitution of parties to contract generally, § 13-4-20 . Impossibility as excuse from performance, § 13-4-21 . Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, a comma was inserted after "final" near the end of paragraph (1).