§ 53-6-23 - (Pre-1998 Probate Code) Residency requirements of administrators generally; bond of nonresidents; resident sureties; action against sureties - Georgia Statutes

O.C.G.A. 53-6-23 (2010)
53-6-23. (Pre-1998 Probate Code) Residency requirements of administrators generally; bond of nonresidents; resident sureties; action against sureties

Only citizens of the United States residing in this state and aliens lawfully admitted to the United States for permanent residence and residing in this state are qualified to be made administrators, except that whenever any such United States citizen or lawfully admitted alien is a resident of another state or territory of the United States and is an heir at law, of equal or greater interest than resident heirs, or of sole interest of any estate of a deceased citizen of this state, that nonresident citizen or lawfully admitted alien may act as administrator of the estate; provided, however, that the nonresident shall, before he is qualified to act, be required to give bond and good security in a sum equal to double the amount of the estate, payable to the judge of the probate court of the county before whom he may qualify in this state. The sureties shall be resident citizens of this state. They shall be subject to an action in the first instance for any default, liability, or mismanagement on the part of the nonresident administrator without joining the administrator in the action. For purposes of this Code section, a person shall be considered an alien lawfully admitted to the United States for permanent residence only if such person is treated as a resident of the United States in accordance with the provisions of Section 7701(b)(1)(A)(i) of the Internal Revenue Code of 1986, or the corresponding provision of any future Internal Revenue law.