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2018 Georgia Code 53-5-39 | Car Wreck Lawyer

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

O.C.G.A. 53-5-39 Case Law from Google Scholar Amendments to OCGA 53-5-39

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

53-5-39. Appointment of administrator of intestate nondomiciliary's estate.

When a nondomiciliary dies intestate owning real property located in any county of this state, the probate court of such county, on petition of any heir, creditor, or any duly qualified administrator or personal representative of the decedent, shall appoint an administrator of the estate in this state, in conformity with the proceedings required for the appointment of an administrator of a decedent who died domiciled in this state. Unless there is objection and good cause to the contrary shown, the duly qualified administrator or personal representative shall be appointed as the administrator of the estate in this state. No person may qualify as administrator under this Code section if such person is not otherwise qualified to act as a personal representative in this state.

(Code 1981, §53-5-39, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section specifies who may serve as the administrator in Georgia of the real property in Georgia that was owned by a decedent who died intestate while domiciled elsewhere. This section provides specifically that a person must be otherwise qualified to serve as a fiduciary in Georgia (see, e.g., qualifications in OCGA 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.

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