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2018 Georgia Code 53-9-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-9-11 Case Law from Google Scholar Amendments to OCGA 53-9-11

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 9. Missing Persons and Persons Believed to be Dead, 53-9-1 through 53-9-21.

ARTICLE 2 CONSERVATORS

53-9-11. Factors considered by court; qualifications.

  1. In determining whether to appoint a conservator of the estate of a missing individual, the probate court shall take into account any other existing arrangements for the management of the missing individual's property, such as powers of attorney or trusts, and may determine that no conservator need be appointed if such arrangements are sufficient under the circumstances.
  2. The probate court shall select as conservator of the estate of the missing individual that person who will best serve the interests of the estate, considering the following order of preferences:
    1. The surviving spouse, unless an action for divorce or separate maintenance was pending between the missing individual and the spouse at the time of the disappearance;
    2. One or more other heirs of the missing individual;
    3. Any eligible corporation, partnership, or other business association; or
    4. Any creditor of the estate.

      In no event shall the court appoint as conservator a person who would not be eligible to serve as administrator of the estate of the missing individual if that individual were dead.

(Code 1981, §53-9-11, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section had no counterpart in former Title 53. The section gives the probate court the discretion to select as conservator the person who would best serve the interests of the estate. The list of persons whom the probate court may consider reflects the list of persons who may be appointed administrator of an estate that appears at OCGA Sec. 53-6-20. For provisions regarding the eligibility to serve as an administrator, see OCGA Sec. 53-6-2. This section also allows the court to refuse to appoint a conservator if other existing arrangements, such as powers of attorney or trusts, indicate that a conservator is not needed.

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