§ 53-6-29 - (Pre-1998 Probate Code) Granting of administration with will annexed
O.C.G.A. 53-6-29 (2010)
53-6-29. (Pre-1998 Probate Code) Granting of administration with will annexed
(a) Administration with the will annexed is granted when the decedent died testate but no executor is nominated, none appears to qualify and execute the will, or when an executor, after qualification, ceases to serve for any reason and no successor executor can be appointed. If the executor appointed is disqualified for being under the age of majority, the letters may be granted until the disability ceases.
(b) If an administrator with the will annexed is named by all of the beneficiaries under a will who are capable of expressing a choice, as defined by paragraph (4) of subsection (b) of Code Section 53-6-24, then no issuance or service of citation shall be required and letters may issue without further delay. If all of such beneficiaries do not agree upon the person selected to serve as administrator with will annexed in the application before the court, citation shall be published and those beneficiaries who do not agree shall be served by first-class mail with a copy of the application, order for citation, and citation if their whereabouts are known or may be determined by reasonable diligence.