§ 9-3-27.Actions against fiduciaries
Chapter 3. Limitations of Actions · Article 2. Specific Periods of Limitation · Last amended 1991 · Last verified July 17, 2026
Full Text of § 9-3-27
Plain-English Summary
Executors, administrators, and guardians hold a position of trust, managing property and money for someone else — an estate's beneficiaries, a ward, an heir. O.C.G.A. § 9-3-27 gives claims against these fiduciaries in their fiduciary capacity a ten-year window, longer than most ordinary contract or tort claims but shorter than the 20-year periods reserved for sealed instruments and certain statutory rights.
The section carves out one category from its own reach: claims on a fiduciary's bond. The statute excepts those claims without saying what period governs them instead, leaving that question to whatever other Code provision applies to the bond itself rather than the ten-year period this section sets for claims against the fiduciary directly.
In practice, this section covers disputes over how an executor administered an estate, how a guardian managed a ward's property, or similar breaches of fiduciary duty — claims that often surface years after the fact, once beneficiaries or wards discover a shortfall or mismanagement. Ten years gives them meaningfully more time than an ordinary contract claim would allow.
Frequently Asked Questions
How long do I have to sue an executor or administrator for mismanaging an estate?
Ten years after the right of action accrues, under O.C.G.A. § 9-3-27, unless the claim is on the fiduciary's bond.
Does this ten-year period cover a claim on an executor's bond?
No. The statute excepts claims on the bonds of executors, administrators, or guardians from this section.
Does this section apply to guardians as well as executors and administrators?
Yes. All three categories — executors, administrators, and guardians — are covered by the same ten-year period.
How does this ten-year period compare to ordinary contract claims?
It is longer. Most contract claims carry periods of four to six years, while claims against fiduciaries acting as executors, administrators, or guardians get ten years under this section.
What kind of claim against a fiduciary is not covered by this section?
Claims on the fiduciary's bond fall outside this section and are governed separately, since the statute expressly excepts bond claims from the ten-year period.
Amendment History
Orig. Code 1863, § 2863; Code 1868, § 2871; Code 1873, § 2922; Code 1882, § 2922; Civil Code 1895, § 3772; Civil Code 1910, § 4366; Code 1933, § 3-709; Ga. L. 1991, p. 810, § 4.