Legal Opinion

In re Estate of Price

Court of Appeals of Georgia

Decided November 13, 2013No. A13A1517PublishedCited by 5 opinions

1Opinion of the Court

Branch, Judge.

On appeal from a probate court’s grant of a temporary administrator’s petition to sell real property owned by an estate, two of the decedent’s heirs argue that the probate court erred when it failed to find that the temporary administrator had “good cause” for the sale. Because the record shows that the probate court failed to make this finding, which is required under OCGA § 53-8-10 (b), we vacate and remand for further proceedings.

Where a probate court sits as a finder of fact, we accept its findings if they are supported by any evidence. Lowry v. Hamilton, 268 Ga. 373, 374…

2Cases cited5 opinions

  1. Undercofler v. Colonial Pipeline Co.Court of Appeals of Georgia · 1966
  2. Cameron v. MilesCourt of Appeals of Georgia · 2011
  3. Deller v. SmithSupreme Court of Georgia · 1982
  4. Lowry v. HamiltonSupreme Court of Georgia · 1997
  5. In Re Estate of HaringCourt of Appeals of Georgia · 2012

3Cited by5 opinions

  1. In re Estate of KnappCourt of Appeals of Georgia · 2014
  2. In the Interest of M. P.Court of Appeals of Georgia · 2016
  3. HARDEE v. WHITLOCK Et Al. (Two Cases).Court of Appeals of Georgia · 2018
  4. In Re: Estate of George Edward KnappCourt of Appeals of Georgia · 2014
  5. In the Interest Of: M. P.Court of Appeals of Georgia · 2016

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