§ 53-6-31 - (Pre-1998 Probate Code) Application for appointment as administrator de bonis non; citation; criteria for granting application
O.C.G.A. 53-6-31 (2010)
53-6-31. (Pre-1998 Probate Code) Application for appointment as administrator de bonis non; citation; criteria for granting application
(a) In all cases when the only qualified and acting executor of the estate of a decedent dies, resigns, or otherwise becomes disqualified to serve, any person or persons having an interest in the estate of such first decedent shall have the right to apply to the probate court having jurisdiction of the administration of the first estate for the appointment of an administrator de bonis non with the will annexed of the first testator.
(b) Upon the hearing of the application, after the issuance and publication of citation as in other cases of applications for letters of administration, the judge shall inquire into the circumstances of the case and determine whether the interest of the first estate and the persons interested therein will be best served by the appointment of an administrator de bonis non with the will annexed or by permitting the executor, if any, appointed under the will of the deceased executor to be or become, as the case may be, the executor of the first estate by operation of law. Should the judge find that the interest of the first estate and of the persons interested therein will be best served by the granting of the application, the same shall be granted; otherwise, the application shall be denied.
(c) Issuance and publication of the citation giving notice of an application for letters of administration de bonis non may be waived by the judge of the probate court if there is filed with the application an agreement signed by all persons interested in the estate approving the grant of letters of administration de bonis non to the applicant.