O.C.G.A.

O.C.G.A. § 53-6-35 (2019)

Appointment

✓ 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) The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be represented. (b) In all counties of this state the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 8 of Title 29, relating to county guardians, as county administrators. (c) The order appointing the county administrator shall be entered on the minutes of the probate court and the original shall be placed in the possession of the county administrator.

History

Code 1981, § 53-6-35, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 15; Ga. L. 2004, p. 161, § 8.

Annotations

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1996, a comma was inserted after ‘‘duties’’ in subsection (b). Editor’s notes. - Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that: ‘‘This Act shall become

effective on July 1, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.’’ Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).

COMMENT Subsections (a) and (b) carry forward former OCGA Sec. 53-6-90 and replaces the term ‘‘assistant county administrators’’ with the term ‘‘additional county administrators’’. See Code Sec. 53-1-2 for the definition of ‘‘county administrator’’. Subsection (c) carries forward former OCGA Sec. 53-6-94. JUDICIAL DECISIONS Cited in Myers v. Myers, 297 Ga. 490, 775 S.E.2d 145 (2015).

RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. - 10A Am. Jur. Pleading and

Practice Forms, Executors and Administrators, § 896.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1988–2025 · leading case: Hudson v. Abercrombie, 374 S.E.2d 83 (Ga. 1988).

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Hudson v. Abercrombie, 374 S.E.2d 83 (Ga. 1988). · cites it 2× “Section 2489 of the Code [present OCGA § 53-6-35] is stronger still, if possible.”

Myers v. Myers, 775 S.E.2d 145 (Ga. 2015). · cites it 2× “See OCGA § 53-6-35 (a) (“The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be represented.”

In Re: Est. of Richard H. Hubbell (Ga. Ct. App. 2025). · cites it 2× “The probate court appointed Sumner (the county administrator, see OCGA § 53-6-35) as the administrator of the estate and authorized him to sell the property.”

Myers v. Myers (Ga. 2015). · cites it 2× “See OCGA § 53-6-35 (a) (“The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be represented.”

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.