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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 6. ADMINISTRATORS AND PERSONAL REPRESENTATIVES · Article 2. APPOINTMENT

53-6-10. Nomination by testator.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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.#

  2. (b)

    Unless adjudged unfit, nominated executors shall have the right to qualify in the order set out in the will.#

  3. (c)

    An individual who has not reached the age of majority may be nominated as an executor but may not qualify until reaching the age of majority.#

  4. (d)

    If the will names a person to fill a vacancy in the office of executor or provides a method of selecting a personal representative to fill the vacancy, any vacancy shall be filled or selection made as provided in the will.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 53-6-10, enacted by Ga. L. 1996, p. 504, § 10.

Cross references

Administration of ward’s estate by guardian, §§ 29-2-23, 29-2-24, 29-2-42 et seq. Age of majority, § 39-1-1.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, pages 542 to 543; merge action: annotated; file SHA-256 062775612dfc.