---
title: O.C.G.A. § 53-6-20. Selection or appointment of administrator.
collection: code
id: 53-6-20
cite_as: O.C.G.A. § 53-6-20 (2025)
canonical_url: https://georgiacommons.org/code/53-6-20
md_url: https://georgiacommons.org/code/53-6-20.md
text_url: https://georgiacommons.org/code/53-6-20/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=551
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 / LETTERS OF ADMINISTRATION
---

# O.C.G.A. § 53-6-20. Selection or appointment of administrator.

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.

## 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).