reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-68 - Duties of registering entity; implementation of registration; applicability of Code Section 53-5-67; protective effect

(a)
A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article.
(b)
By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this article.
(c)
A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Code Section
53-5-67
and does so in good faith reliance on the registration, on this article, and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this article do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this article.
(d)
The protection provided by this article to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-69 - Effect of beneficiary form

(a)
A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this article and is not testamentary.
(b)
This article does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-70 - Terms and conditions of beneficiary form; illustrations

(a)
A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer on death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS," standing for lineal descendants per stirpes. This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity's terms and conditions.
(b)
The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1)
Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.;
(2)
Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr.;
(3)
Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., SUB BENE Peter Q. Brown
or
John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., LDPS.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-71 - Applicability of article

This article applies to registrations of securities in beneficiary form made before or after July 1, 1999, by decedents dying on or after July 1, 1999.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 1 - GENERAL PROVISIONS (§§ 53-6-1 — 53-6-2) › Section 53-6-1 - Eligibility

Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled in this state, subject to the requirements for qualification set forth in this chapter. Any other person is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled in this state, subject to the requirements set forth in this chapter, provided the person is otherwise qualified to act as a fiduciary in this state.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 1 - GENERAL PROVISIONS (§§ 53-6-1 — 53-6-2) › Section 53-6-2 - Executor de son tort

Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son tort and as such shall be liable to the creditors and heirs or beneficiaries of the estate for double the value of the property so possessed and converted. Such executor shall not be allowed to set off any debt due the executor by the decedent or voluntarily paid by the executor out of the assets. If the executor dies, the executor's personal representative shall be liable in the same manner and to the same extent as would the executor were the executor still living.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 2 - APPOINTMENT (§§ 53-6-10 — 53-6-16) › Section 53-6-10 - Nomination by testator

(a)
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.
(b)
Unless adjudged unfit, nominated executors shall have the right to qualify in the order set out in the will.
(c)
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.
(d)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 2 - APPOINTMENT (§§ 53-6-10 — 53-6-16) › Section 53-6-11 - Qualification

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 2 - APPOINTMENT (§§ 53-6-10 — 53-6-16) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 2 - APPOINTMENT (§§ 53-6-10 — 53-6-16) › Section 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:
(1)
No executor is nominated in the will;
(2)
The nominated executor has not reached the age of majority, to serve until the disability ceases;
(3)
The executor dies, resigns, or otherwise becomes disqualified to serve; or
(4)
A testate estate is unrepresented for any other reason.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 2 - APPOINTMENT (§§ 53-6-10 — 53-6-16) › Section 53-6-14 - Selection by beneficiaries

(a)
For purposes of this Code section, a beneficiary who is capable of expressing a choice is one:
(1)
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
(2)
Whose identity and whereabouts are known or may be determined by reasonable diligence.
(b)
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:
(1)
Any beneficiary or the trustee of any trust that is a beneficiary under the will; or
(2)
Those persons listed in paragraphs (3) through (5) of Code Section
53-6-20
.
(c)
For purposes of this Code section, a beneficiary's choice is expressed by:
(1)
That beneficiary, if the beneficiary is sui juris;
(2)
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;
(3)
The trustee of a trust that is a beneficiary under the will, where there is a trustee;
(4)
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
(5)
The personal representative of a deceased beneficiary receiving a present interest under the will.
Amended by 2020 Ga. Laws 508,§ 1-29, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 2 - APPOINTMENT (§§ 53-6-10 — 53-6-16) › Section 53-6-15 - Petition for letters of administration with will annexed

(a)
Every petition for letters of administration with the will annexed shall be made in accordance with the procedures set forth in Code Section
53-5-21
if the will has not yet been admitted to probate and shall include a prayer for issuance of letters of administration with the will annexed. Such petition shall set forth the names, addresses, and ages or majority status of the beneficiaries who are capable of expressing a choice, as defined in subsection (a) of Code Section
53-6-14
, and the circumstances giving rise to the need for an administrator with the will annexed. Such petition and the citation issued thereon shall be served by the court on the beneficiaries of the will who are capable of expressing a choice in the manner provided by Chapter 11 of this title. If the petition for letters of administration with the will annexed is based upon the expiration of a reasonable time for any nominated executor to qualify, any nominated executor who has failed to qualify shall also be served with notice by the court in the manner provided by Chapter 11 of this title.
(b)
If the will has been admitted to probate, the petition for letters of administration with the will annexed shall set forth the names, addresses, and ages or majority status of the beneficiaries who are capable of expressing a choice, as described in subsection (a) of Code Section
53-6-14
, the date on which the will was admitted to probate, and the circumstances giving rise to the need for an administrator with the will annexed. Such petition and the citation issued thereon shall be served by the court on the beneficiaries of the will and the personal representative, if any, of the estate of any deceased executor whose death created the vacancy in the manner provided by Chapter 11 of this title.
(c)
In the case of an estate partially administered and unrepresented because of the death of the previous executor, the judge shall determine whether the interest of the first estate and the persons interested in the first estate will best be served by the appointment of an administrator with the will annexed or of the executor, if any, appointed under the will of the deceased previous executor.
Amended by 2020 Ga. Laws 508,§ 1-30, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 2 - APPOINTMENT (§§ 53-6-10 — 53-6-16) › Section 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."
(b)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 3 - LETTERS OF ADMINISTRATION (§§ 53-6-20 — 53-6-24) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 3 - LETTERS OF ADMINISTRATION (§§ 53-6-20 — 53-6-24) › Section 53-6-21 - Petition to court; contents

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 3 - LETTERS OF ADMINISTRATION (§§ 53-6-20 — 53-6-24) › Section 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.
Amended by 2020 Ga. Laws 508,§ 1-31, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 3 - LETTERS OF ADMINISTRATION (§§ 53-6-20 — 53-6-24) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 3 - LETTERS OF ADMINISTRATION (§§ 53-6-20 — 53-6-24) › Section 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."
(b)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 4 - TEMPORARY ADMINISTRATION (§§ 53-6-30 — 53-6-32) › Section 53-6-30 - Power of court; appointment of administrator; appeal

(a)
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.
(b)
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.
(c)
There shall be no appeal from an order granting temporary letters of administration, either to the superior court under Chapter 3 of Title 5 or to the Supreme Court or the Court of Appeals under subsection (a) of Code Section
15-9-123
.
Amended by 2024 Ga. Laws 424,§ 11, eff. 4/22/2024.
Amended by 2020 Ga. Laws 508,§ 1-32, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 4 - TEMPORARY ADMINISTRATION (§§ 53-6-30 — 53-6-32) › Section 53-6-31 - Power of administrator

(a)
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.
(b)
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.
(c)
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
.
(d)
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.
Amended by 2020 Ga. Laws 508,§ 1-33, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 4 - TEMPORARY ADMINISTRATION (§§ 53-6-30 — 53-6-32) › Section 53-6-32 - Oath or affirmation of temporary administrator

(a)
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."
(b)
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.
Added by 2020 Ga. Laws 508,§ 1-34, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-35 - Appointment

(a)
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.
(b)
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.
(c)
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.
Amended by 2004 Ga. Laws 460,§ 8, eff. 7/1/2005
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-36 - Qualifications and compensation

(a)
(1)
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.
(2)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-37 - Term; vacancies; discharge of duties after expiration of term or removal from office; resignation

(a)
The term of office of a county administrator shall be four years and shall expire on the first Monday in March or when a successor is appointed and qualified. All vacancies in the office, whether by death, resignation, removal from the county, or removal from office, shall be filled by the probate court for the unexpired term.
(b)
When the term of a county administrator has expired or when a county administrator has been removed from office, the county administrator shall nevertheless continue to discharge the duties of administrator of all estates remaining in the administrator's hands unless the letters of administration are revoked.
(c)
A county administrator may resign the office as other administrators are allowed by law to do so.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-38 - Administration of unrepresented estate by county administrator

If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, with notice given as provided for in Code Section
53-6-22
. If, however, the estate does not exceed in value the sum set aside to the spouse and children of the decedent as year's support, no administration shall be necessary, but the probate court shall by order set apart the same to the spouse and children, as provided by law.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-39 - Administration or unrepresented estate by clerk of superior court

If for any reason a county has no county administrator and there is an unrepresented estate that is not likely to be represented, it shall be the duty of the probate court of any such county to vest the administration of the estate in the clerk of the superior court of the county.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-40 - Separate letters of administration; governing law; appointment for sole purpose of commencing or continuing lawsuit against estate

(a)
The probate court shall grant to the county administrator separate letters of administration upon each estate placed in the county administrator's hands. Except as provided in subsection (b) of this Code section, the county administrator shall be governed and controlled by the law provided for other administrators.
(b)
If a petition is made for the appointment of a county administrator as the administrator of an unrepresented estate for the sole purpose of making it possible to commence or continue a lawsuit against the estate and the granting of such petition is otherwise proper under applicable law, the probate court may appoint the county administrator as administrator of such estate. The probate court shall relieve the county administrator from all liabilities, duties, and obligations otherwise imposed on the administrator of an estate, including but not limited to the marshaling of assets, the publication of notice to creditors, the filing of an inventory, the filing of returns, and the posting of a separate bond, except for those duties and obligations directly related to the acceptance of service of process and qualification as administrator and other duties directly related to the lawsuit. Additionally, the probate court may provide for the payment of reasonable compensation to the county administrator by the petitioner sufficient to cover the time devoted to and expenses incurred by the county administrator in the performance of the duties and obligations with respect to the estate, such compensation to be determined by the probate court in the same manner that the amount of any extra compensation claimed by the administrator is to be determined.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-41 - Bond

Each county administrator shall give bond, with good security to be judged by the probate court, in the sum of $5,000.00. The bond shall be payable to the probate court for the benefit of all concerned. It shall be attested by the judge or clerk of the probate court and shall be conditioned upon the faithful discharge of the county administrator's duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county administrator, as provided by law for actions on the bonds of other administrators.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-42 - Power of court to revoke letters of administration, require additional security, or pass other order

The probate court may, for good cause shown, as provided in Code Sections
29-3-82
,
29-5-92
, and
53-7-14
, revoke the letters of administration of the county administrator or letters of guardianship of the county administrator, require additional security on the county administrator's bond, or pass such other order as is expedient and necessary for the good of any particular estate in the hands of any county administrator.
Amended by 2004 Ga. Laws 460,§ 9, eff. 7/1/2005
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-43 - Proceedings to require additional security

(a)
If, in the opinion of the probate court or upon the petition of an heir, it shall become necessary for the good of any estate placed or about to be placed in the hands of the county administrator for the administrator to give additional security on the bond or to give additional bond with security, the probate court shall have the authority to fix the amount of the bond and shall cite the county administrator to appear at a regular term of the court and show cause, if any, why the additional bond or additional security should not be given.
(b)
If, upon the hearing, the county administrator fails to show good cause why the additional bond or additional security should not be given, the probate court shall pass an order fixing the amount of the bond and directing the county administrator to give additional security on or before a day named, which day shall be within 30 days of the date of the order.
(c)
Should the county administrator fail, refuse, or neglect to give additional bond or additional security on or before the day fixed in the order of the probate court and fail to show good cause why further time should be allowed, it shall be the duty of the probate court to remove the county administrator and to appoint another for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 5 - COUNTY ADMINISTRATORS (§§ 53-6-35 — 53-6-44) › Section 53-6-44 - Settlement of estate without administration

Nothing in this article shall be construed to require the probate court to vest administration in the county administrator or any other person when the heirs agree to settle the estate without administration.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 6 - BOND (§§ 53-6-50 — 53-6-54) › Section 53-6-51 - Requisites

(a)
The bond of a personal representative or temporary administrator shall be secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state, shall be payable to the probate court for the benefit of all concerned, shall be conditioned upon the faithful discharge of the personal representative's or temporary administrator's duty as such as required by law, and shall be attested by the judge of the probate court or the clerk of the probate court.
(b)
Whenever a personal representative or temporary administrator is required to give bond, the probate court may order the personal representative or temporary administrator to post such bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on the bond posted pursuant to this Code section shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds.
(c)
The bond shall be in a sum equal to double the value of the estate to be administered; provided, however, that the bond shall be in an amount equal to the value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the personal representative or temporary administrator as fiduciary but, upon the conversion of the real property into personalty, a bond shall be given based upon the value of the estate, including the value of the personalty into which the real property was converted.
(d)
Substantial compliance with these requisites for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requisites as to payee, amount, or condition, where the manifest intention was to give bond as personal representative or temporary administrator and a breach of the fiduciary's duty as such has been proved.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 6 - BOND (§§ 53-6-50 — 53-6-54) › Section 53-6-52 - Reduction

If the value of an estate decreases, the probate court may permit a corresponding reduction in the amount of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct by the personal representative or temporary administrator.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 6 - BOND (§§ 53-6-50 — 53-6-54) › Section 53-6-53 - Personal representative qualified to serve without, or not otherwise legally required to give, bond

When a personal representative has qualified to serve without bond or is not otherwise required by law to give bond, the probate court, on its own motion or on the representation of any party in interest that the personal representative is mismanaging the estate, shall order the personal representative to appear and show cause as to why bond should not be given or the personal representative's letters revoked. The order shall be served in person on the personal representative at least ten days prior to the hearing. Failure to show cause shall authorize the court to require bond or to revoke the letters or to take any other action as may be necessary under the circumstances.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 6 - BOND (§§ 53-6-50 — 53-6-54) › Section 53-6-54 - Recordation and custody

The clerk of the probate court shall record bonds in a book kept for that purpose and shall retain custody of the bonds.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 7 - COMPENSATION (§§ 53-6-60 — 53-6-64) › Section 53-6-61 - Expenses

Personal representatives shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a bond, and the expenses of counsel and other agents. Such reasonable expenses shall be determined after such notice, if any, as the court shall direct.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 7 - COMPENSATION (§§ 53-6-60 — 53-6-64) › Section 53-6-62 - Extra compensation

(a)
A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section
53-6-60
. Service of notice of the petition for extra compensation shall be made on all the heirs of an intestate decedent or on any affected beneficiaries under the will of a testate decedent. Service of notice shall be made in the manner provided by Chapter 11 of this title and shall direct the parties served to file any written objections to the extra compensation with the probate court within 30 days.
(b)
After hearing any objection filed by the heirs or beneficiaries of the estate, the probate court shall allow such extra compensation as the court deems reasonable; provided, however, that if no such objection is filed or any such objection is dismissed or withdrawn, the court, in its discretion, may enter an order allowing such extra compensation as the court deems reasonable without a hearing. The allowance of extra compensation shall be conclusive as to all parties in interest.
(c)
If the amount of compensation that is specified in a testator's will is less than the amount allowed under Code Section
53-6-60
, the personal representative may petition for greater compensation in the manner provided in subsection (a) of this Code section.
Amended by 2020 Ga. Laws 508,§ 1-35, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 7 - COMPENSATION (§§ 53-6-60 — 53-6-64) › Section 53-6-63 - Compensation from business enterprise

(a)
Any executor who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the decedent owns an interest in the corporation or other business enterprise, provided that:
(1)
The services provided by the executor to the corporation or other business enterprise are of a managerial, executive, or business advisory nature;
(2)
The compensation received for the services is reasonable; and
(3)
The services are performed and the executor is paid pursuant to a contract executed by the executor and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the executor and are not related to the executor and provided the contract is approved by the probate court of the county in which the administration proceeding is pending.
(b)
Any executor receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section
53-6-62
; provided, however, that nothing in this Code section shall prohibit the receipt by the executor of extra compensation for services rendered in respect to other assets or matters involving the estate.
(c)
Nothing in this Code section shall prohibit the receipt by executors of normal commissions and compensation for the usual services performed by executors pursuant to law or pursuant to any fee agreement executed by the testator.
(d)
The purpose of this Code section is to enable additional compensation to be paid to executors for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section
53-6-62
.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 6 - ADMINISTRATORS AND PERSONAL REPRESENTATIVES (§§ 53-6-1 — 53-6-64) › Article 7 - COMPENSATION (§§ 53-6-60 — 53-6-64) › Section 53-6-64 - Compensation to temporary administrator

A temporary administrator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 11 of this title. The court shall award reasonable compensation to a temporary administrator. For good cause, including but not limited to services performed and compensation awarded to a temporary administrator, the court may reduce the compensation due the personal representative under other provisions of this article.