Legal Question in Wills and Trusts in Georgia

Can non citizen immigrant serve as administrator


Asked on 10/10/15, 7:48 am

1 Answer from Attorneys

Yes. See OCGA � 53-6-1. Eligibility

Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled in this state, subject to the requirements for qualification set forth in this chapter. Any other person is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled in this state, subject to the requirements set forth in this chapter, provided the person is otherwise qualified to act as a fiduciary in this state.

This is not the case in other states. State law varies, although usually the requirement of residency is more important that citizenship. For example, in NC, a personal representative must be a resident of this state or else he/she must appoint a resident agent for service of process and that can be problematic. Some states have other qualifications too which relate to the ability of the personal representative to be trusted in financial matters. Those with a criminal record may be precluded from serving.

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Answered on 10/11/15, 7:31 pm


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