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2018 Georgia Code 53-6-1 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 6. Administrators and Personal Representatives, 53-6-1 through 53-6-64.

ARTICLE 1 GENERAL PROVISIONS

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.

(Code 1981, §53-6-1, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 19.)

COMMENT

This section broadens former OCGA Sec. 53-6-22 and 53-6-23 by allowing an individual to serve as the personal representative of a Georgia decedent's estate regardless of whether that individual is a resident of Georgia or a citizen of the United States. The second sentence of this section clarifies that other persons who are authorized to act as fiduciaries in this state may act as personal representatives. See OCGA Sec. 53-1-2 for the definitions of "person" and "personal representative". See OCGA Secs. 7-1-242 and Part 3 of Article 16 of Chapter 12 of Title 53 for provisions relating to the qualification of certain persons to act as fiduciaries.

RESEARCH REFERENCES

ALR.

- Who is resident within meaning of statute prohibiting appointment of nonresident executor or administrator, 9 A.L.R.4th 1223.

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