Title 53 — Title 53
0 chapters · 435 sections in this title.
O.C.G.A. § 53-6-1 Eligibility
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Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled in this state, subject to the requirements for qualification set forth in this chapter. Any other …
O.C.G.A. § 53-6-10 Nomination by testator
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(a) No formal words are necessary for the nomination of an executor. An expression by the testator of a desire that the person carry into effect the testator’s wishes shall amount to a nomination as executor. (b) Unless adjudged unfit, nominated executors shall have the right to q…
O.C.G.A. § 53-6-11 Qualification
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(a) If the nominated executor does not qualify within 90 days after the order admitting the will to probate is entered or is proved to be dead or incapacitated or renounces the right to serve, the next nominated executor in the order set out in the will may qualify. If the next n…
O.C.G.A. § 53-6-12 Declination
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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…
O.C.G.A. § 53-6-13 Appointment by court
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Unless another nominated executor qualifies within the time provided in Code Section 53-6-11, the probate court shall appoint an administrator with the will annexed of a testate estate when: (1) No executor is nominated in the will; (2) The nominated executor has not reached the a…
O.C.G.A. § 53-6-14 Selection by beneficiaries
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(a) For purposes of this Code section, a beneficiary who is capable of expressing a choice is one: (1) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee; and (2) Whose identity and whe…
O.C.G.A. § 53-6-15 Petition for letters of administration with will annexed
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(a) Every petition for letters of administration with the will annexed shall be made in accordance with the procedures set forth in Code Section 53-5-21 if the will has not yet been admitted to probate and shall include a prayer for issuance of letters of administration with the …
O.C.G.A. § 53-6-16 Beneficiary selection, §53-6-14
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Court appointments, §53-6-13. Declination of appointment, §53-6-12. Nomination by testator, §53-6-10. Oath of executor or administrator with will annexed, §53-6-16. Petition for letters of administration with will annexed, §53-6-15. Qualifications, §53-6-11. Assets. Settlement of …
O.C.G.A. § 53-6-2 Executor de son tort
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Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son tort and as such shall be liable to the creditors and heirs or beneficiaries of the estate for double th…
O.C.G.A. § 53-6-20 Selection or appointment of administrator
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An administrator may be unanimously selected by all the heirs of a deceased intestate unless the sole heir is the decedent’s surviving spouse and an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death…
O.C.G.A. § 53-6-21 Petition to court; contents
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(a) Every petition for letters of administration shall be made to the probate court of the county of domicile of the decedent, or, if the decedent was not domiciled in this state, then in a county where the estate or some portion of it is located. (b) The petition shall set forth…
O.C.G.A. § 53-6-22 Notice
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Notice of the petition for letters of administration shall be served by the court by first-class mail on each heir with a known address at least 30 days prior to the date on or before which any objection is required to be filed. If there is any heir whose current address is unknown…
O.C.G.A. § 53-6-23 Issuance
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Letters of administration may issue to any person selected as provided by Code Section 53-6-20, and a new citation need not be published if the administrator is someone other than the person named in the citation. History. — Code 1981, § 53-6-23, enacted by Ga. L. 1996, p. 504, §…
O.C.G.A. § 53-6-24 Oath or affirmation of administrator
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(a) Every administrator, upon qualification (which qualification may be done at any time if appointed at a regular term), shall take and subscribe an oath or affirmation in substantially the following form: 540 53-6-30 ‘‘I do solemnly swear (or affirm) that , deceased, died intesta…
O.C.G.A. § 53-6-30 Power of court; appointment of administrator; appeal
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(a) The probate court may at any time and without service or notice to anyone grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed. (b) T…
O.C.G.A. § 53-6-31 Power of administrator
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(a) A temporary administrator may bring an action for the collection of debts or for personal property of the decedent. If a personal representative is appointed pending such action, the personal representative may be substituted for the temporary administrator as a party in the …
O.C.G.A. § 53-6-32 Oath or affirmation of temporary administrator
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(a) Every temporary administrator, upon qualification (which qualification may be done at any time), shall take and subscribe an oath or affirmation in substantially the following form: ‘‘I do solemnly swear (or affirm) that , deceased, died (testate) (intestate) and with an estate…
O.C.G.A. § 53-6-35 Appointment
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(a) The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be represented. (b) In all counties of this state the probate court is authorized to appoint, in the same manner as the coun…
O.C.G.A. § 53-6-36 Qualifications and compensation
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(a)(1) Except as provided in paragraph (2) of this subsection, the county administrator shall have attained the age of 21 years and shall have been for at least one year a domiciliary of the county of appointment. (2) If the individual to be appointed as county administrator is a…
O.C.G.A. § 53-6-37 County guardians
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Appointment of additional county administrators to serve as, §53-6-35. COUNTY ADMINISTRATORS —Cont’d Qualifications, §53-6-36. Resignation of office, §53-6-37. Revocation of letters of administration, §53-6-42. Separate letters of administration for each estate, §53-6-40. Settleme…
O.C.G.A. § 53-6-38 Administration of unrepresented estate by county administrator
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If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, with notice given as provided for in Code Section 53-6-22. If, however, the estate does not exceed in value th…
O.C.G.A. § 53-6-40 Issuance, §53-6-23
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Missing persons and persons believed to be dead, §53-9-4. Revocation upon proof that missing individual is alive, §53-9-5. Notice to heirs of decedent, §53-6-22. LIENS. Boats and other watercraft. Abandoned vessels, §52-7-73. Foreclosure, §§52-7-73 to 52-7-77. Executors and admin…
O.C.G.A. § 53-6-41 Bond
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Each county administrator shall give bond, with good security to be judged by the probate court, in the sum of $5,000.00. The bond shall be payable to the probate court for the benefit of all concerned. It shall be attested by the judge or clerk of the probate court and shall be c…
O.C.G.A. § 53-6-42 Qualifications, §53-6-36
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Resignation of office, §53-6-37. Revocation of letters of administration, §53-6-42. Settlement of estate without administration, §53-6-44. Term of office, §53-6-37. Unrepresented estate, administration by clerk of superior court, §53-6-39. Unrepresented estate, administration by …
O.C.G.A. § 53-6-43 Proceedings to require additional security
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(a) If, in the opinion of the probate court or upon the petition of an heir, it shall become necessary for the good of any estate placed or about 549 53-6-43 WILLS, TRUSTS, AND ESTATES 53-6-44 to be placed in the hands of the county administrator for the administrator to give add…
O.C.G.A. § 53-6-44 General provisions, §§53-6-1, 53-6-2
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Letters of administration, §§53-6-20 to 53-6-24. Temporary administration, §§53-6-30, 53-6-31. Oath or affirmation of temporary administrator, §53-6-32. General provisions, §§53-1-1 to 53-1-9. Common law and equity principles. Applicability to wills, trusts and administration of …
O.C.G.A. § 53-6-50 Persons required to give
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(a) Unless otherwise provided in this Code section, any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administrator shall be required to give bond with good and sufficient security. (b) A national banking association …
O.C.G.A. § 53-6-51 Requisites
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(a) The bond of a personal representative or temporary administrator shall be secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state, shall be payable to the probate court for the benefit of all …
O.C.G.A. § 53-6-52 Reduction
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If the value of an estate decreases, the probate court may permit a corresponding reduction in the amount of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct by the personal representative or temporary administrator. History. …
O.C.G.A. § 53-6-53 Recordation of bond, §53-6-54
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Reduction, §53-6-52. Requirements generally, §53-6-51. Settlement of accounts. Refunding bonds, §53-7-66. Terms generally, §53-6-51. Breach of fiduciary duty. Discharge and resignation of personal representative, §53-7-54. 1006 INDEX EXECUTORS AND ADMINISTRATORS —Cont’d Caveats to…
O.C.G.A. § 53-6-54 Persons required to give
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Requisites. Reduction. Personal representative qualified to serve without, or not otherwise legally required to give, bond. Recordation and custody. Article 7 Compensation 53-6-60. 53-6-61. 53-6-62. 53-6-63. 53-6-64. 525 Amount. Expenses. Extra compensation. Compensation from busi…
O.C.G.A. § 53-6-60 Amount
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(a) Personal representatives shall be compensated as specified in either the will or any written agreement entered into prior to the decedent’s death or a written agreement signed by all the beneficiaries of a testate estate or all the heirs of an intestate estate. A written agreem…
O.C.G.A. § 53-6-61 Expenses
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Personal representatives shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a bond, and the expenses of counsel and other agents. Such reasonable expen…
O.C.G.A. § 53-6-62 Extra compensation
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(a) A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made on all the heirs of an intestate decedent or on any affected beneficia…
O.C.G.A. § 53-6-63 Compensation from business enterprise
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(a) Any executor who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the decedent owns an interest in the corporation or other business enterprise, provided t…
O.C.G.A. § 53-6-64 Compensation to temporary administrator
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A temporary administrator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 11 of this title. The court shall award reasonable compensation to a temporary administrator. For good cause, including but not limited to se…