---
title: O.C.G.A. § 53-6-10. Nomination by testator.
collection: code
id: 53-6-10
cite_as: O.C.G.A. § 53-6-10 (2025)
canonical_url: https://georgiacommons.org/code/53-6-10
md_url: https://georgiacommons.org/code/53-6-10.md
text_url: https://georgiacommons.org/code/53-6-10/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=542
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/53-6.md
previous: https://georgiacommons.org/code/53-6-2.md
next: https://georgiacommons.org/code/53-6-11.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / ADMINISTRATORS AND PERSONAL REPRESENTATIVES / APPOINTMENT
---

# O.C.G.A. § 53-6-10. Nomination by testator.

(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 qualify in the order set out in the will.

(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.

(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.

## 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.