Official Code of Georgia Annotated
Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 9. MISSING PERSONS AND PERSONS BELIEVED TO BE DEAD · Article 2. CONSERVATORS
53-9-11. Factors considered by court; qualifications.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
In determining whether to appoint a conservator of the estate of a missing individual, the probate court shall take into account any other existing arrangements for the management of the missing individual’s property, such as powers of attorney or trusts, and may determine that no conservator need be appointed if such arrangements are sufficient under the circumstances.#
- (b)
The probate court shall select as conservator of the estate of the missing individual that person who 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 missing individual and the spouse at the time of the disappearance;#
- (2)
One or more other heirs of the missing individual;#
- (3)
Any eligible corporation, partnership, or other business association; or#
- (4)
Any creditor of the estate.#
In no event shall the court appoint as conservator a person who would not be eligible to serve as administrator of the estate of the missing individual if that individual were dead.
History
Code 1981, § 53-9-11, enacted by Ga. L. 1996, p. 504, § 10.
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 715; merge action: carried; file SHA-256 062775612dfc.