O.C.G.A.

O.C.G.A. § 53-6-10 (2019)

Nomination by testator

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(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.

History

Code 1981, § 53-6-10, enacted by Ga. L. 1996, p. 504, § 10.

Annotations

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.

COMMENT Subsection (a) carries forward the substance of former OCGA Sec. 53-6-20. Subsection (b) clarifies that the order in which nominated executors and successor or alternative executors may qualify is that set out by the testator in the will. Subsection (c) carries forward the substance of former OCGA Sec. 53-6-21 and deletes the provision that allowed the testator to direct that an underage individual could qualify. Subsection (d) clarifies that vacancies in the office of executor shall be filled as provided in the will. This subsection reflects the provisions for trustees that appear at Code Sec. 53-12-170(b). See Code Sec. 53-1-2 for the definitions of ‘‘executor,’’ ‘‘nominated executor,’’ and ‘‘personal representative’’. RESEARCH REFERENCES Am. Jur. 2d. - 31 Am. Jur. 2d, Executors and Administrators, § 159. Am. Jur. Pleading and Practice

Forms. - 10 Am. Jur. Pleading and Practice Forms, Executors and Administrators, §§ 3, 43, 44.

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 2004–2025 · leading case: In re Farkas, 753 S.E.2d 137 (Ga. Ct. App. 2013).

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In re Farkas, 753 S.E.2d 137 (Ga. Ct. App. 2013). · cites it 2× “” OCGA § 53-6-10 (b); see also In re Estate of Bagley, 239 Ga.”

Stewart v. Walters, 602 S.E.2d 642 (Ga. 2004). · cites it 4× “See OCGA § 53-6-10, et. seq. Accordingly, we hold that the Court of Appeals erred by finding that appellee was not foreclosed from claiming that appellant's refusal to declare the money transferred to him years before the testator's death amounted to an advancement and should…”

In Re the Est. of Rhonda P. Jeffcoat (Ga. Ct. App. 2021). · cites it 2× “Pate argues that no evidence supports the probate court’s decision to decline to appoint her as executor. The testimony from the hearing supports the decision.”

In Re: Est. of Randolph Benedict Curvan (Ga. Ct. App. 2025). · cites it 2× “In support of her argument, Lavant cites, OCGA § 53-6-10 (b), which provides that “[u]nless adjudged unfit, nominated executors shall have the right to qualify in the order set out in the will.”

In Re: Est. of Sam Farkas (Ga. Ct. App. 2013). · cites it 2× “” OCGA § 53-6-10 (b); see also In re Estate of Bagley, 239 Ga.”

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