O.C.G.A.
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.
(a) Every administrator, upon qualification (which qualification may be done at any time if appointed at a regular term), shall take and subscribe an oath or affirmation in substantially the following form:
‘‘I do solemnly swear (or affirm) that , deceased, died intestate so far as I know or believe, and that I will well and truly administer the estate in accordance with the laws of Georgia. So help me God.’’ (b) The oath or affirmation of an administrator 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 administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any state to administer the oath or affirmation.
History
Code 1981, § 53-6-24, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
COMMENT This section carries forward the provisions of former OCGA Sec. 53-6-32 but requires only that the oath be taken in substantially the form set out in the statute.
ARTICLE 4 TEMPORARY ADMINISTRATION Law reviews. - For article, ‘‘Marriage, Death and Taxes: The Estate Planning Impact of Windsor and Obergefell on
Georgia’s Same Sex Spouses,’’ see 21 Ga. St. Bar. J. 9 (Oct. 2015).
RESEARCH REFERENCES Am. Jur. 2d. - 31 Am. Jur. 2d, Executors and Administrators, § 1037 et seq. Am. Jur. Pleading and Practice
Forms. - Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 864 et seq.
Notes of Decisions
Cited in
13
cases, 1984–1999 · leading case:
Dismuke v. Dismuke, 394 S.E.2d 371 (Ga. Ct. App. 1990).
Dismuke v. Dismuke, 394 S.E.2d 371 (Ga. Ct. App. 1990).
· cites it 34× “Appellant’s main contention is that he, the person selected by the testator’s surviving spouse, is entitled to be appointed as administrator with the will annexed rather than his sister, the person selected by appellees, the majority of the beneficiaries under the will.”
McClinton v. Sullivan, 430 S.E.2d 794 (Ga. Ct. App. 1993).
· cites it 38× “It did so by applying OCGA § 53-6-24, which sets forth the rules to be observed in granting letters of administration.”
McClinton v. Sullivan, 438 S.E.2d 71 (Ga. 1994).
· cites it 12× “OCGA § 53-6-24 (a) sets out the rules to be followed in granting letters of administration.”
Wilson v. Willard, 358 S.E.2d 859 (Ga. Ct. App. 1987).
· cites it 6× “OCGA § 53-6-24 (1) (Code 1933, § 113-1202 (1); Ga.”
Brannen v. Boyce, 378 S.E.2d 743 (Ga. Ct. App. 1989).
· cites it 18× “This case involves the application of OCGA § 53-6-24, which provides, in pertinent part: “In the granting of letters of administration of any kind, the following rules shall be observed, the applicant being required in all cases to be of sound mind and to be laboring under no…”
Simpson v. King, 383 S.E.2d 120 (Ga. 1989).
· cites it 2× “2 After this suit was filed, OCGA § 53-6-24 (1) was changed to reflect the reality of broken domestic tranquility.”
Thomas v. Thomas, 425 S.E.2d 287 (Ga. 1993).
· cites it 8× “See OCGA § 53-6-24 (b) (1). Appellants Dexter Thomas and June Combs and appellee W.”
In Re Est. of Dunn, 511 S.E.2d 575 (Ga. Ct. App. 1999).
· cites it 2× “See generally OCGA §§ 53-6-24; 53-6-25. The findings and conclusions of the probate court establish that Bridget Dunn’s marital status was not correctly stated in her application and that this incorrect information was a material factor in the issuance of letters of…”
Gen. Accident Ins. Co. v. Wells, 346 S.E.2d 886 (Ga. Ct. App. 1986).
· cites it 14× “Appellant, General Accident Insurance Company, the decedent’s errors and omissions carrier, filed a caveat to appellee’s petition, contending appellee was statutorily unqualified under OCGA § 53-6-24 to be appointed administrator of the estate.”
Clarke v. Clarke, 372 S.E.2d 475 (Ga. Ct. App. 1988).
· cites it 2× “Unfortunately for appellant, the law is clear on this issue: Alice Mae Clarke is legally the widow of the decedent and is entitled by OCGA § 53-6-24 (1) to administer his estate.”
Glad v. Scott, 371 S.E.2d 271 (Ga. Ct. App. 1988).
· cites it 6× “Two of the siblings, appellant Molean Scott Glad and Kenneth Scott, applied for appointment as administrators with the will annexed, pursuant to OCGA §§ 53-6-24 and 53-6-26. Two of the other five siblings, with the written and notarized consent of the remaining three, filed a…”
Graham v. Youngblood, 345 S.E.2d 593 (Ga. 1986).
· cites it 2× “OCGA § 53-6-24 (a). The superior court remanded the case to probate court for an evidentiary determination of whether Sue Youngblood was Ernest’s lawful wife at the time of his death, and if so whether she was disqualified as administratrix by virtue of being currently…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.