O.C.G.A.

O.C.G.A. § 53-6-16 (2019)

Oath or affirmation of executor and administrator with will annexed

✓ 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) Every executor and every administrator with the will annexed, upon qualification, shall take and subscribe an oath or affirmation in substantially the following form: ‘‘I do solemnly swear (or affirm) that this writing contains the true last will of , deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of Georgia. So help me God.’’

(b) The oath or affirmation of an executor or administrator with the will annexed as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the executor or administrator with the will annexed shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.

History

Code 1981, § 53-6-16, enacted by Ga. L. 1996, p. 504, § 10.

Annotations

COMMENT This section carries forward former OCGA Sec. 53-6-33, but requires only that the oath be given in substantially the form set out in the statute. See Code Sec. 53-1-2 for the definitions of ‘‘administrator with the will annexed’’ and ‘‘executor’’.

ARTICLE 3 LETTERS OF ADMINISTRATION RESEARCH REFERENCES Am. Jur. 2d. - 31 Am. Jur. 2d, Executors and Administrators, § 256 et seq. Am. Jur. Pleading and Practice

Forms. - Am. Jur. Pleading and Practice Forms, Executors and Administrators, §§ 140, 152 et seq.