29-2-4. Nomination of testamentary guardian; no bond or security required.

Every parent, by will, may nominate a testamentary guardian for the parent’s minor child.#

1. (1)

   Unless the minor has another living parent, upon probate of the minor’s parent’s will, letters of guardianship shall be issued to the individual nominated in the will who shall serve as testamentary guardian without a hearing provided that the individual is willing to serve and no objection is filed. If a timely objection is filed, letters of guardianship shall only be issued after a hearing held pursuant to paragraph (4) of this subsection.#

2. (2)

   At the time such will is offered for probate, notice of the testamentary guardianship shall be served by certified mail or statutory overnight delivery, return receipt requested, to the minor child’s adult siblings and grandparents. If such child does not have adult siblings or grandparents, such notice shall be served on such child’s great-grandparents, aunts, uncles, great aunts, or great uncles, insofar as any such relative exists.#

3. (3)

   Any person who receives a notice pursuant to this subsection and objects to the appointment of the nominated testamentary guardian shall file an objection with the court within ten days of being served with notice. Such objection shall include allegations and facts with reasonable specificity stating why the nominated testamentary guardian is unfit to serve.#

4. (4)

   If a timely objection is filed, the court shall conduct an expedited hearing within 30 days of the date of the filing of the last objection. The hearing shall be conducted in accordance with Code Section 29-2-14. The court shall award the letters of guardianship to the nominated testamentary guardian unless the objecting party establishes by clear and convincing evidence that the nominated testamentary guardian is unfit to serve as testamentary guardian.#

5. (5)

   Any proceeding relating to the appointment of a testamentary guardian shall not affect or delay the probating of a will.#

A testamentary guardian shall not be required to give bond or security. In all other respects a testamentary guardian shall have the same rights, powers, and duties as a permanent guardian appointed by the court.#