Abstract
This LL.M. thesis provides a comparative analysis of the authority, powers, duties, and compensation of the personal representative under two distinct American probate systems: the Uniform Probate Code and the Georgia Probate Code. The work traces the historical development of probate law from the English ecclesiastical courts through the Model Probate Code and the adoption of the UPC in 1969, and situates the Georgia Code within its tradition of court-supervised administration dating to the Act of 1784. Key topics include the procedural innovations of the UPC, including informal probate, summary procedures for small estates, and supervised administration, versus Georgia's more formalistic approach; the broad statutory powers granted to the personal representative under UPC § 3-711, including absolute-owner-equivalent authority exercised without court order, against Georgia's requirement of court approval for nearly every significant action; and the contrasting compensation frameworks, such as the UPC's "reasonable compensation" standard versus Georgia's fixed 2½ percent commission structure. The thesis concludes that the UPC represents a modern, flexible response to public demand for streamlined estate administration, while the Georgia Code, though more protective of interested parties, contributes to the cost and complexity that fuel the contemporary "nonprobate revolution."
Repository Citation
Herberth, Udo W., "The Authority, Powers, and Duties and Compensation of the Personal Representative (Adminstrator & Executor): A Comparison of the Uniform Probate Code and the Georgia Probate Court in This and Procedural Matters" (1996). LLM Theses and Essays. 354.
https://digitalcommons.law.uga.edu/stu_llm/354