O.C.G.A. § 53-6-13 (2019)
Appointment by court
Unless another nominated executor qualifies within the time provided in Code Section 53-6-11, the probate court shall appoint an administrator with the will annexed of a testate estate when:
(1) No executor is nominated in the will;
(2) The nominated executor has not reached the age of majority, to serve until the disability ceases;
(3) The executor dies, resigns, or otherwise becomes disqualified to serve; or
(4) A testate estate is unrepresented for any other reason.
History
Code 1981, § 53-6-13, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
COMMENT This section carries forward the substance of former OCGA Secs. 53-6-29 and 53-6-31. 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. § 53-6-29 are included in the annotations for this Code section. Construed with § 53-6-24. - Because former O.C.G.A. § 53-6-24 did not declare that all the beneficiaries under a will must agree to the naming of an administrator with will annexed, the rule of construction in O.C.G.A. § 1-3-1(d)(5), that a joint authority given to any number of persons or officers may be executed by a majority of them unless it is otherwise declared applied. 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. § 53-6-29).
Since a will did not name a successor executor in the event the named executor was incompetent, the trial court correctly followed the procedure of former O.C.G.A. §§ 53-6-24 and 53-6-29 in appointing the testator’s son as administrator with the will annexed when the son was the choice of the majority of heirs under the will. Robbins v. Vanbrackle, 267 Ga. 871, 485 S.E.2d 468 (1997) (decided under former O.C.G.A. § 53-6-29). Appointment of successor executor. - Subsection (b) of former O.C.G.A. § 53-6-24, providing for appointment of successor executor, applies only in the absence of a testamentary provision covering such appointment. Thomas v. Thomas, 262 Ga. 707, 425 S.E.2d 287 (1993) (decided under former O.C.G.A. § 53-6-29).