Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 6. ADMINISTRATORS AND PERSONAL REPRESENTATIVES · Article 3. LETTERS OF ADMINISTRATION

53-6-20. Selection or appointment of administrator.

Active

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

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. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual. When no such unanimous selection is made, the probate court shall make the appointment that will best serve the interests of the estate, considering the following order of preferences:
(1)
The surviving spouse, unless an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death;#
(2)
One or more other heirs of the intestate or the person selected by the majority in interest of them;#
(3)
Any other eligible person;#
(4)
Any creditor of the estate; or#
(5)
The county administrator.#

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, § 53-6-20, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 22.

Law reviews

For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986).

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, page 551; merge action: carried; file SHA-256 062775612dfc.

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