reglab/housing_qa huggingface dataset:
GA Code § 53-6-10 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 2 - Appointment|§ 53-6-10. Nomination by Testator

  No formal words are necessary for the nomination of an executor. An expression by the testator of a desire that the person carry into effect the testator's wishes shall amount to a nomination as executor.   Unless adjudged unfit, nominated executors shall have the right to qualify in the order set out in the will.   An individual who has not reached the age of majority may be nominated as an executor but may not qualify until reaching the age of majority.   If the will names a person to fill a vacancy in the office of executor or provides a method of selecting a personal representative to fill the vacancy, any vacancy shall be filled or selection made as provided in the will.     (Code 1981, §53-6-10, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Administration of ward's estate by guardian, §§ 29-2-23,29-2-24,29-2-42 et seq.    Age of majority, § 39-1-1.
GA Code § 53-6-11 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 2 - Appointment|§ 53-6-11. Qualification

  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.   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.     (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.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, § 198 et seq. 79 Am. Jur. 2d, Wills, § 730.   C.J.S.   - 33 C.J.S., Executors and Administrators, § 34. 95 C.J.S., Wills, §§ 441, 443, 444.   ALR.   - Statutes dealing with existing intestate administration, upon discovery of will, 65 A.L.R.2d 1201.   Statute limiting time for probate of will as applicable to will probated in another jurisdiction, 87 A.L.R.2d 721.   What circumstances excuse failure to submit will for probate within time limit set by statute, 17 A.L.R.3d 1361.   Right to probate subsequently discovered will as affected by completed prior proceedings in intestate administration, 2 A.L.R.4th 1315.
GA Code § 53-6-12 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 2 - Appointment|§ 53-6-12. Declination

 A nominated executor may decline in writing the right to serve as executor, but this shall not preclude the nominated executor from qualifying at a later time to serve as executor or administrator with the will annexed to fill a vacancy.    (Code 1981, §53-6-12, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-13 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 2 - Appointment|§ 53-6-13. Appointment by Court

 Unless another nominated executor qualifies within the time provided in Code Section 53-6-11, the probate court shall appoint an administrator with the will annexed of a testate estate when:    No executor is nominated in the will;   The nominated executor has not reached the age of majority, to serve until the disability ceases;   The executor dies, resigns, or otherwise becomes disqualified to serve; or   A testate estate is unrepresented for any other reason.     (Code 1981, §53-6-13, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-14 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 2 - Appointment|§ 53-6-14. Selection by Beneficiaries

  For purposes of this Code section, a beneficiary who is capable of expressing a choice is one:   Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee; and   Whose identity and whereabouts are known or may be determined by reasonable diligence.     An administrator with the will annexed may be unanimously selected by the beneficiaries of the will who are capable of expressing a choice unless the sole beneficiary is the decedent's surviving spouse and an action for divorce or separate maintenance was pending between the decedent and the surviving spouse at the time of death. 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 preferences:   Any beneficiary or the trustee of any trust that is a beneficiary under the will; or   Those persons listed in paragraphs (3) through (5) of Code Section 53-6-20.     For purposes of this Code section, a beneficiary's choice is expressed by:   That beneficiary, if the beneficiary is sui juris;   That beneficiary's duly acting conservator or guardian or, if there is no conservator or guardian, the person having custody of the beneficiary, if the beneficiary is not sui juris;   The trustee of a trust that is a beneficiary under the will, where there is a trustee;   The beneficiary of a trust that is a beneficiary under the will, where there is no trustee; provided, however, that for purposes of this paragraph, a trust beneficiary may be represented as provided in Code Section 53-12-8; or   The personal representative of a deceased beneficiary receiving a present interest under the will.       (Code 1981, §53-6-14, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 11; Ga. L. 2020, p. 377, § 1-29/HB 865.)    The 2020 amendment,  effective January 1, 2021, in subsection (c), inserted "the beneficiary is" in paragraph (c)(1), substituted "duly acting conservator or guardian or, if there is no conservator or guardian" for "guardian or, if none" in paragraph (c)(2), substituted "will, where there is a trustee;' for "will; or" at the end of paragraph (c)(3), inserted paragraph (c)(4) and redesignated former paragraph (c)(4) as paragraph (c)(5).   Law reviews.   - For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).   RESEARCH REFERENCES   ALR.   - Adverse interest or position as disqualification for appointment of administrator, executor, or other personal representative, 11 A.L.R.4th 638.
GA Code § 53-6-16 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 2 - Appointment|§ 53-6-16. Oath or Affirmation of Executor and Administrator With Will Annexed

 (a) Every executor and every administrator with the will annexed, upon qualification, shall take and subscribe an oath or affirmation in substantially the following form: "I do solemnly swear (or affirm) that this writing contains the true last will of __________________ , deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of Georgia. So help me God."   The oath or affirmation of an executor or administrator with the will annexed as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the executor or administrator with the will annexed shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.    (Code 1981, §53-6-16, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-20 (2021)
2021 Georgia Code|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

 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:    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;   One or more other heirs of the intestate or the person selected by the majority in interest of them;   Any other eligible person;   Any creditor of the estate; or   The county administrator.     (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).   RESEARCH REFERENCES   ALR.   - Adverse interest or position as disqualification for appointment of administrator, executor, or other personal representative, 11 A.L.R.4th 638.
GA Code § 53-6-21 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 3 - Letters of Administration|§ 53-6-21. Petition to Court; Contents

  Every petition for letters of administration shall be made to the probate court of the county of domicile of the decedent, or, if the decedent was not domiciled in this state, then in a county where the estate or some portion of it is located.   The petition shall set forth the full name, the legal domicile, and the date of death of the decedent; the mailing address and place of domicile of the petitioner; the names, ages or majority status, and addresses of heirs, stating their relationship to the decedent; and, in the event full particulars are lacking, the reasons for any omission. The petition shall conclude with a prayer for issuance of letters of administration. If a prior personal representative has qualified and a copy of the original petition is attached, it is unnecessary for the new petition to repeat relevant and unchanged information from the original petition.     (Code 1981, §53-6-21, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 13.)   Cross references.   - Provisions regarding jurisdiction of probate court over estate of nonresident with property or causes of action located in more than one county, § 15-9-32.   Law reviews.   - For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).   RESEARCH REFERENCES   10 Am. Jur. Pleading and Practice Forms, Executors and Administrators, §§ 43, 44.
GA Code § 53-6-22 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 3 - Letters of Administration|§ 53-6-22. Notice

 Notice of the petition for letters of administration shall be served by the court by first-class mail on each heir with a known address at least 30 days prior to the date on or before which any objection is required to be filed. If there is any heir whose current address is unknown or any heir who is unknown, notice shall be served on any such heir by being published in the official newspaper of the county in which the petition is made once each week for four weeks prior to the week that includes the date on or before which any objection must be filed.    (Code 1981, §53-6-22, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 14; Ga. L. 2020, p. 377, § 1-31/HB 865.)    The 2020 amendment,  effective January 1, 2021, in this Code section, in the first sentence, substituted "served by the court by first-class mail on" for "mailed by first-class mail to", and substituted "30 days" for "13 days", and, in the second sentence, substituted "served on any such heir by being published in the official newspaper of the county in which the petition is made"' for "published" and substituted "that includes" for "which includes".   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
GA Code § 53-6-23 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 3 - Letters of Administration|§ 53-6-23. Issuance

 Letters of administration may issue to any person selected as provided by Code Section 53-6-20, and a new citation need not be published if the administrator is someone other than the person named in the citation.    (Code 1981, §53-6-23, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-24 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 3 - Letters of Administration|§ 53-6-24. Oath or Affirmation of Administrator

 (a) Every administrator, upon qualification (which qualification may be done at any time if appointed at a regular term), shall take and subscribe an oath or affirmation in substantially the following form: "I do solemnly swear (or affirm) that __________________ , deceased, died intestate so far as I know or believe, and that I will well and truly administer the estate in accordance with the laws of Georgia. So help me God."   The oath or affirmation of an administrator as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any state to administer the oath or affirmation.    (Code 1981, §53-6-24, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-6-30 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 4 - Temporary Administration|§ 53-6-30. Power of Court; Appointment of Administrator; Appeal

  The probate court may at any time and without service or notice to anyone grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed.   The probate court may appoint such person as temporary administrator as the court determines to be in the best interests of the estate. Pending an issue of devisavit vel non upon any paper propounded as a will that has not been admitted to probate in common form, the executor nominated in the purported will shall have preference in the appointment of a temporary administrator.   There shall be no appeal from an order granting temporary letters of administration, either to the superior court under subsection (a) of Code Section 5-3-2 or to the Supreme Court or the Court of Appeals under subsection (a) of Code Section 15-9-123.     (Code 1981, §53-6-30, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 23; Ga. L. 2020, p. 377, § 1-32/HB 865.)    The 2020 amendment,  effective January 1, 2021, substituted "service or notice to anyone" for "notice" in subsection (a); substituted "that has not" for "which as not" in the second sentence of subsection (b); and added ", either to the superior court under subsection (a) of Code Section 5-3-2 or to the Supreme Court or the Court of Appeals under subsection (a) of Code Section 15-9-123" to the end of subsection (c).   Law reviews.   - For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982).   RESEARCH REFERENCES   10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 864.
GA Code § 53-6-31 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 4 - Temporary Administration|§ 53-6-31. Power of Administrator

  A temporary administrator may bring an action for the collection of debts or for personal property of the decedent. If a personal representative is appointed pending such action, the personal representative may be substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9.   A temporary administrator may bring, support, or oppose an action to approve a settlement agreement under Code Section 53-5-25. If a personal representative is appointed pending such action, the personal representative may be substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9.   A temporary administrator shall have the power to collect and preserve the assets of the estate and to expend funds for this purpose if approved by the judge of the probate court after such notice as the judge deems necessary; provided, however, that nothing in this subsection shall limit or reduce the notice requirements imposed by Code Sections 53-6-64 and 53-7-4.   A temporary administrator appointed pursuant to Code Section 53-3-21 shall have the power to perform the duties of a personal representative under subsection (b) of Code Section 53-3-7 or under subsection (b) of Code Section 53-3-12, as ordered by the judge of the probate court.     (Code 1981, §53-6-31, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 24; Ga. L. 2020, p. 377, § 1-33/HB 865.)    The 2020 amendment,  effective January 1, 2021, designated the first two sentences of the previously existing provisions as subsection (a) and, in the second sentence of subsection (a), substituted "such action" for "the action" near the middle, and substituted "substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9" for "made a party in lieu of the temporary administrator" at the end; added subsection (b); designated the last sentence of the previously existing provisions as subsection (c) and, in subsection (c), added the proviso at the end; and added subsection (d).   RESEARCH REFERENCES   Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 864.
GA Code § 53-6-32 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 4 - Temporary Administration|§ 53-6-32. Oath or Affirmation of Temporary Administrator

  Every temporary administrator, upon qualification (which qualification may be done at any time), shall take and subscribe an oath or affirmation in substantially the following form:  "I do solemnly swear (or affirm) that ____________, deceased, died (testate) (intestate) and with an estate that is currently unrepresented, so far as I know or believe, and that I will well and truly administer on all the estate of the Deceased and discharge to the best of my ability all my duties as Temporary Administrator. So help me God."    The oath or affirmation of a temporary administrator as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the temporary administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any state to administer the oath or affirmation.     (Code 1981, §53-6-32, enacted by Ga. L. 2020, p. 377, § 1-34/HB 865.)
GA Code § 53-6-35 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-35. Appointment

  The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be represented.   In all counties of this state the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 8 of Title 29, relating to county guardians, as county administrators.   The order appointing the county administrator shall be entered on the minutes of the probate court and the original shall be placed in the possession of the county administrator.     (Code 1981, §53-6-35, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 15; Ga. L. 2004, p. 161, § 8.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, a comma was inserted after "duties" in subsection (b).   Editor's notes.   - Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act."   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).   RESEARCH REFERENCES   10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 896.
GA Code § 53-6-36 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 5 - County Administrators|§ 53-6-36. Qualifications and Compensation

    Except as provided in paragraph (2) of this subsection, the county administrator shall have attained the age of 21 years and shall have been for at least one year a domiciliary of the county of appointment.   If the individual to be appointed as county administrator is an active member in good standing of the State Bar of Georgia, such individual need not be a domiciliary of the county but only a domiciliary of this state.     If the county governing authority consents, county administrators and ex officio county guardians may be paid an annual fee for so serving. The amount of any such fee shall be established by agreement of the county governing authority, the probate court, and the individual so serving. Any such fee shall be in addition to commissions authorized under other provisions of law.     (Code 1981, §53-6-36, enacted by Ga. L. 1996, p. 504, § 10.)