---
title: O.C.G.A. § 53-6-11. Qualification.
collection: code
id: 53-6-11
cite_as: O.C.G.A. § 53-6-11 (2025)
canonical_url: https://georgiacommons.org/code/53-6-11
md_url: https://georgiacommons.org/code/53-6-11.md
text_url: https://georgiacommons.org/code/53-6-11/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=543
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.
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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. § 53-6-11. Qualification.

(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 nominated executor fails to qualify within 90 days after the expiration of the time period by which the first nominated executor must qualify or is proved to be dead or incapacitated or renounces the right to serve, any nominated executor may qualify. If no nominated executor appears to qualify within a reasonable time or if there is no other executor named in the will, the estate shall be deemed to be unrepresented.

(b) A nominated executor who fails to qualify within the time period set out in subsection (a) of this Code section is deemed to have declined the right to serve as executor; provided, however, that this declination does not preclude the nominated executor from qualifying to serve as executor or administrator with the will annexed at a later time.

## History

Code 1981, § 53-6-11, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 20.

## Cross References

Tolling of limitations during period between death of person and commencement of representation upon his estate, §§ 9-3-92, 9-3-93.