Nomination by Testator

1. Law
2. Georgia Code
3. Wills, Trusts, and Administration of Estates
4. Administrators and Personal Representatives
5. Appointment
6. Nomination by Testator

1. No formal words are necessary for the nomination of an executor. An expression by the testator of a desire that the person carry into effect the testator's wishes shall amount to a nomination as executor.
2. Unless adjudged unfit, nominated executors shall have the right to qualify in the order set out in the will.
3. An individual who has not reached the age of majority may be nominated as an executor but may not qualify until reaching the age of majority.
4. If the will names a person to fill a vacancy in the office of executor or provides a method of selecting a personal representative to fill the vacancy, any vacancy shall be filled or selection made as provided in the will.

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

Cross references.

- Administration of ward's estate by guardian, §§ 29-2-23,29-2-24,29-2-42 et seq.

Age of majority, § 39-1-1.

COMMENT

Subsection (a) carries forward the substance of former OCGA Sec. 53-6-20. Subsection (b) clarifies that the order in which nominated executors and successor or alternative executors may qualify is that set out by the testator in the will. Subsection (c) carries forward the substance of former OCGA Sec. 53-6-21 and deletes the provision that allowed the testator to direct that an underage individual could qualify. Subsection (d) clarifies that vacancies in the office of executor shall be filled as provided in the will. This subsection reflects the provisions for trustees that appear at Code Sec. 53-12-170(b). See Code Sec. 53-1-2 for the definitions of "executor," "nominated executor," and "personal representative".

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, § 159.

10 Am. Jur. Pleading and Practice Forms, Executors and Administrators, §§ 3, 43, 44.

Download our app to see the most-to-date content.