Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 53-5-37 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 53-5-37 Case Law from Google Scholar Amendments to OCGA 53-5-37

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 5. Probate, 53-5-1 through 53-5-71.

ARTICLE 5 FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES

53-5-37. Qualification of executor or administrator.

Upon the admission of a foreign will or an out-of-state will to ancillary probate, an executor named by or pursuant to the will to serve in this state or, in the absence of objection, a duly qualified and acting executor, administrator, or personal representative for the estate under the laws of the jurisdiction in which the will was originally probated or established shall be entitled to qualify as executor or administrator with the will annexed in this state. If such person shall fail to qualify within a reasonable time after the will is admitted to ancillary probate or if objection is filed and the probate court shall find good cause why such person should not serve, the court shall name as administrator with the will annexed a person who could otherwise be named administrator with the will annexed under the laws of this state. No person may qualify as executor or administrator with the will annexed under this Code section if such person is not otherwise qualified to act as a fiduciary in this state.

(Code 1981, §53-5-37, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section describes who may serve as the executor or administrator with will annexed of an out-of-state will that is probated in Georgia. No provisions are included for the appointment of the executor or administrator with will annexed of a foreign will or out-of-state will that is originally probated in Georgia because such wills are subject to the general provisions of Georgia law. This section provides specifically that a person must be otherwise qualified to serve as a fiduciary in Georgia (see, e.g., Sec. 53-6-1; Sec. 7-1-242; Part 3 of Article 16 of Chapter 12 of Title 53) in order to be qualified to serve under this section. In the case of ancillary probate, ancillary letters testamentary will be issued to the person who qualifies to serve as the executor or administrator with the will annexed.

API Error: Request was throttled. Expected available in 13 seconds.
No results found for Georgia Code 53-5-37.