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2018 Georgia Code 53-6-35 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-6-35 Case Law from Google Scholar Amendments to OCGA 53-6-35

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 6. Administrators and Personal Representatives, 53-6-1 through 53-6-64.

ARTICLE 5 COUNTY ADMINISTRATORS

53-6-35. Appointment.

  1. 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.
  2. 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.
  3. 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.

(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.)

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

10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 896.

Cases Citing O.C.G.A. § 53-6-35

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Hudson v. Abercrombie, 374 S.E.2d 83 (Ga. 1988).

Cited 14 times | Published | Supreme Court of Georgia | Dec 1, 1988 | 258 Ga. 729

...rn to a consideration of the power of the temporary administrator to bind the estate. In Lester v. Mathews, 56 Ga. 655 (1876), this court discussed the powers of the temporary administrator as conferred by §§ 2487, 2489 (present OCGA §§ 56-6-34; 53-6-35), and concluded that the statutes conferred upon the temporary administrator only the power to collect and preserve the assets of the estate. Of course he may employ counsel, if necessary, to collect the effects and so to take care of them, to keep them from strangers.... Section 2489 of the Code [present OCGA § 53-6-35] is stronger still, if possible....
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Myers v. Myers, 297 Ga. 490 (Ga. 2015).

Cited 4 times | Published | Supreme Court of Georgia | Jul 6, 2015 | 775 S.E.2d 145

...Thus, if we were to remand the case for the probate court to appoint Appellee as the executor, it is clear that Appellee would refuse, and then the court would be required to appoint a county administrator to serve as the executor, just as it has already done. 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.”)....

Myers v. Myers (Ga. 2015).

Published | Supreme Court of Georgia | Jul 6, 2015 | 775 S.E.2d 145

...Thus, if we were to remand the case for the probate court to appoint Appellee as the executor, it is clear that Appellee would refuse, and then the court would be required to appoint a county administrator to serve as the executor, just as it has already done. 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.”)....