Georgia § 53-7-40 Liability of estate; priority of claims

Georgia Statutes

§ 53-7-40 — Liability of estate; priority of claims

Georgia § 53-7-40

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This text of Georgia § 53-7-40 (Liability of estate; priority of claims) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 53-7-40 (2026).

Text

Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following order:

(1)Year's support for the family;

(2)Funeral expenses, whether or not the decedent leaves a surviving spouse, in an amount which corresponds with the circumstances of the decedent in life. If the estate is solvent, the personal representative is authorized to provide a suitable protection for the grave;

(3)Other necessary expenses of administration;

(4)Reasonable expenses of the decedent's last illness;

(5)Unpaid taxes or other debts due the state or the United States;

(6)Judgments, secured interests, and other liens created during the lifetime of the decedent, to be paid according to their priority of lien. Secured

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Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following order: (1) Year's support for the family; (2) Funeral expenses, whether or not the decedent leaves a surviving spouse, in an amount which corresponds with the circumstances of the decedent in life. If the estate is solvent, the personal representative is authorized to provide a suitable protection for the grave; (3) Other necessary expenses of administration; (4) Reasonable expenses of the decedent's last illness; (5) Unpaid taxes or other debts due the state or the United States; (6) Judgments, secured interests, and other liens created during the lifetime of the decedent, to be paid according to their priority of lien. Secured interests and other liens on specific property shall be preferred only to the extent of such property; and (7) All other claims.