O.C.G.A. § 53-6-12 (2019)
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.
History
Code 1981, § 53-6-12, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
COMMENT This section replaces former OCGA Secs. 53-6-70 and 53-6-71 and changes the rule that prohibited an executor who had renounced the office from ever serving as executor or administrator with will annexed of the estate. See Code Sec. 53-6-13, which provides for the appointment of an administrator with the will annexed in any case in which the estate is or become[s] unrepresented. See Code Sec. 53-1-2 for the definitions of ‘‘administrator with the will annexed,’’ ‘‘executor,’’ and ‘‘nominated executor’’. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-6-71 are included in the annotations for this Code section. Attempt to reinstate executor denied. - After a widow renounced her right to serve as executor, but attempted to reinstate herself after the court denied appointment to the widow’s choice as administrator, there was no error in the trial
court’s denial of the motion to substitute the widow as executor or the denial of a motion for judgment on the pleadings based on the attempted substitution. Dismuke v. Dismuke, 195 Ga. App. 613, 394 S.E.2d 371 (1990), cert. denied, No. S95C1495, 1995 Ga. LEXIS 1050 (1995), cert. denied, No. S98C1936, 1999 Ga. LEXIS 39 (1999) (decided under former O.C.G.A. § 53-6-71).