Law reviews

— For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For article, ‘‘Transfer-on-Death Securities Registration: A New Title Form,’’ see 21 Ga. L. Rev. 789 (1987). For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004). For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008). For annual survey on wills, trusts, guardianships, and fiduciary administration, see 64 Mercer L. Rev. 325 (2012). COMMENT Former OCGA Title 53 contained no general definitions section. This section combines definitions that appeared in various sections of former Title 53 as well as adding new definitions. Subsection (a) includes as an ‘‘administrator’’ an ‘‘administrator de bonis non’’ of an intestate estate and subsection (b) includes as an ‘‘administrator with the will annexed’’ an ‘‘administrator de bonis non’’ of a testate estate. The concept of ‘‘administrator de bonis non’’ appeared in former OCGA Secs. 53-6-30 and 53-6-31. The term ‘‘beneficiary’’ in subsection (c) is used to replace the words ‘‘legatee’’ and ‘‘devisee’’ that appeared in former Title 53. The term is defined somewhat differently in OCGA Sec. 53-12-2 for use throughout Chapter 12 (Trusts). The definition of ‘‘codicil’’ that appeared in former OCGA Sec. 53-2-5 is modified and placed in subsection (d). Subsection (e) carries forward the definition of ‘‘County Administrator’’ that appeared in former OCGA Sec. 53-6-90. Former OCGA Title 53 contained no definition of the term ‘‘descendants’’. This term, which is now defined in subsection (f ), is used to replace the term ‘‘lineal descendants’’ in former Title 53. Subsection (g) includes as an ‘‘executor’’ any person who is nominated in the will, whether that person is the executor or a successor executor. Subsection (i) distinguishes a ‘‘nominated executor’’ as one who has been nominated in the will but has not yet qualified. Former OCGA Title 53 contained no definition of the terms ‘‘guardian’’ or ‘‘heirs’’. The term ‘‘heirs,’’ as defined in subsection (i), is used to replace the term ‘‘heirs at law’’ from former Title 53. Subsection (k) contains the same definition of ‘‘person’’ that appears in the Georgia Trust Code at Sec. 53-12-2(5), with the addition of limited liability companies. Subsection (l) introduces the term ‘‘Personal Representative,’’ which includes administrators, administrators with the will annexed, county administrators and executors, but does not include temporary administrators. In order to meet the definitions of subsections (a), (b), (e), (g), and (o), a person must have ‘‘qualified’’ to serve as a personal representative, as defined in subsection (m). Subsection (m) provides that a personal representative has ‘‘qualified’’ upon the taking of the oath, the issuance of appropriate letters and the posting of any required bond. The term ‘‘sui juris’’ in subsection (n) describes an individual who is of legal age and suffering under no other legal disability. Subsection (o) carries forward portions of the definition of ‘‘Temporary Administrator’’ that appeared in former OCGA Sec. 53-6-34. The term ‘‘testamentary gift’’ in subsection (p) is used to replace the terms ‘‘legacy’’ and ‘‘devise’’. The definition of the term ‘‘will’’ in subsection (q) appeared in former OCGA Sec. 53-2-1. The definition is modified to add that the will may speak of 195 53-1-2 WILLS, TRUSTS, AND ESTATES 53-1-2 matters other than the disposition of property (for example, the appointment of a guardian for minor children of the decedent) and that, unless the context otherwise requires, the ‘‘will’’ includes the will and all codicils to it.