Where any person is in possession, in his own right or in any other capacity, of any note, bill, bond, or other obligation in writing, signed by two or more persons, and one or more of the persons whose names are so signed dies before the payment of the money or the compliance with the conditions of such bond or obligation in writing, the person holding the bill, bond, note, or other obligation in writing shall not be compelled to bring an action against the survivors alone, but may at his discretion bring an action against
§ 9-2-27.Action against representative of joint obligor
Chapter 2. Actions Generally · Article 2. Parties · Last amended 1982 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-27 lets the holder of a note, bond, or other written obligation signed by multiple people sue the surviving signers alone, the representative of a deceased signer’s estate, or both together in one action, though a suit against an estate representative must wait six months after probate or the grant of administration.
Full Text of § 9-2-27
(1) the survivor or survivors, (2) the representative or representatives of the deceased person or persons, or (3) the survivor or survivors and the representative or representatives of the deceased person or persons in the same action. However, nothing contained in this Code section shall authorize the bringing of an action against the representative of any estate until six months after the probate of the will or the granting of letters of administration on the estate or estates. This Code section shall be so construed as to embrace debts against copartners as well as debts against joint or joint and several contractors.
Plain-English Summary
A promissory note or bond signed by several people creates a shared obligation, but people don’t stop dying just because they owe money. This section tells a creditor holding a multi-signer note what to do when one of the signers dies before the debt is paid.
The creditor isn’t stuck suing only the surviving signers. The holder of the note, bond, or other written obligation may choose, at their discretion, to sue the survivors alone, the representative of the deceased signer’s estate alone, or the survivors and the estate representative together in the same action. The rule reaches copartners as well as joint and joint-and-several contractors, so it covers business partnerships as much as individual co-signers.
There’s a timing limit on suing an estate, though: the creditor can’t bring an action against the representative of a deceased signer’s estate until six months have passed since the will was probated or letters of administration were granted, giving the estate time to get organized before facing suit.
Frequently Asked Questions
If one of several people who signed a note dies, do I have to sue the survivors alone?
No. The holder of the note or obligation may, at their discretion, sue the survivors alone, the representative of the deceased person’s estate, or both together in the same action.
How soon after someone dies can I sue their estate’s representative on a jointly signed debt?
Not until six months after the probate of the will or the granting of letters of administration on the estate.
Does this section apply to business partners as well as individual co-signers?
Yes. The section states it is to be construed to embrace debts against copartners as well as debts against joint or joint and several contractors.
What kinds of written obligations does this section cover?
A note, bill, bond, or other obligation in writing signed by two or more persons.
Can I sue the surviving signers and the deceased signer’s representative together in one lawsuit?
Yes. The section allows an action against the survivor or survivors and the representative or representatives of the deceased person or persons in the same action.
Amendment History
Laws 1818, Cobb’s 1851 Digest, p. 483.; Ga. L. 1858, p. 86, § 1; Code 1863, §§ 3261, 3262; Code 1868, §§ 3272, 3273; Code 1873, §§ 3348, 3349; Code 1882, §§ 3348, 3349; Civil Code 1895, §§ 5014, 5015; Civil Code 1910, §§ 5596, 5597; Code 1933, § 3-305; Ga. L. 1981; p. 852, § 1; Ga. L. 1982, p. 3, § 9.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: Georgia joint obligor deceased signer lawsuitsue estate of deceased co-signer GeorgiaGeorgia note bond joint signers deathsix months after probate lawsuit GeorgiaGeorgia Code Section 9-2-27