Declination

A nominated executor may decline in writing the right to serve as executor, but this shall not preclude the nominated executor from qualifying at a later time to serve as executor or administrator with the will annexed to fill a vacancy. 530 53-6-13 History. — Code 1981, § 53-6-12, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section replaces former OCGA Secs. 53-6-70 and 53-6-71 and changes the rule that prohibited an executor who had renounced the office from ever serving as executor or administrator with will annexed of the estate. See Code Sec. 53-6-13, which provides for the appointment of an administrator with the will annexed in any case in which the estate is or become[s] unrepresented. See Code Sec. 53-1-2 for the definitions of ‘‘administrator with the will annexed,’’ ‘‘executor,’’ and ‘‘nominated executor’’.