§ 53-6-24 - (Pre-1998 Probate Code) Rules for granting letters of administration; generally and with will annexed
O.C.G.A. 53-6-24 (2010)
53-6-24. (Pre-1998 Probate Code) Rules for granting letters of administration; generally and with will annexed
(a) In the granting of letters of administration of any kind, except the kind described in subsection (b) of this Code section, the following rules shall be observed, the applicant being required in all cases to be of sound mind and to be laboring under no disability:
(1) The surviving spouse, irrespective of age, shall be first entitled, unless an action for divorce or separate maintenance was pending between the deceased and the surviving spouse at the time of the death;
(2) The next of kin, at the time of the death, according to the law declaring relationship and distribution, shall be next entitled;
(3) If there are several of the next of kin equally near in degree, the person selected in writing by a majority in interest of those interested as distributees of the estate, who are capable of expressing a choice, shall be appointed;
(4) If no such preference is expressed, the judge of the probate court may exercise his discretion in selecting the one best qualified for the office;
(5) Where no application is made by the next of kin, a creditor may be appointed; and among creditors, as a general rule, the one having the greatest interest shall be preferred;
(6) The persons entitled to serve or select among themselves under the above rules may select a disinterested person as administrator and, if otherwise qualified, he shall be appointed;
(7) The person entitled to administration may desire another person to be associated with him in the administration and in such a case, if otherwise qualified, such person may be appointed;
(8) No person who is neither of kin to the intestate, nor a creditor, nor otherwise interested in the grant of administration, except as provided in this Code section, shall be appointed administrator;
(9) As a general rule, to cover all cases not specially provided for, the person having the right to the estate shall be appointed administrator; and
(10) Temporary letters of administration, pending the litigation over the probate of a will, should generally be granted to the nominated executor.
(b) (1) In the granting of letters of administration with will annexed, a majority in interest of the beneficiaries who are capable of expressing a choice shall be entitled to name an administrator with will annexed.
(2) In the event a majority in interest of the beneficiaries who are capable of expressing a choice do not agree upon an administrator with will annexed pursuant to paragraph (1) of this subsection, a majority in number of the beneficiaries who are capable of expressing a choice shall be entitled to name an administrator with will annexed.
(3) In the event neither a majority in interest nor a majority in number of the beneficiaries agree upon an administrator with will annexed pursuant to paragraph (1) or (2) of this subsection, any person interested in the administration of the estate may petition to be named or have another named as administrator with will annexed and the court may exercise its discretion in selecting the person best qualified to be such administrator.
(4) For purposes of this subsection a beneficiary who is capable of expressing a choice is one:
(A) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee;
(B) Whose identity and whereabouts are known or may be determined by reasonable diligence; and
(C) Whose choice is expressed by:
(i) That beneficiary, if sui juris;
(ii) That beneficiary's duly acting guardian of the property, if any, or if none, the guardian of the person, if any, or if none, the person having custody of the beneficiary if the beneficiary is not sui juris;
(iii) The trustee of a trust which is a beneficiary under the will; or
(iv) The executor or administrator of the estate of a deceased beneficiary receiving a present interest under the will.