Georgia Restrictions on Who Can Serve as Executor

Learn the rules about who can be your executor in Georgia.

By , MSLIS · Long Island University
Updated by Jeff Burtka, Attorney · George Mason University Law School

One of the most important reasons to make a will is to name your executor—sometimes called a "personal representative" in Georgia. After your death, your executor's primary job is to protect your property until any debts and taxes have been paid, and then transfer what's left to those who are entitled to it.

Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Georgia.

Basic Requirements for Serving as a Georgia Executor

Your executor must be:

  • at least 18 years old, and
  • of sound mind—that is, not judged incapacitated by a court.

(Ga. Code §§ 53-1-2; 53-6-1 (2024).)

Many states prohibit people who have felony convictions from serving as executor. In Georgia, however, there is no statute prohibiting you from naming an executor who has been convicted of a felony.

Special Rules for Executors in Georgia

In addition to the above requirements for individuals, Georgia law imposes restrictions on the types of corporations that can serve as executor. In Georgia, while you can name a limited liability company, corporation, association, partnership, or business trust as your executor, it must be authorized to act as a fiduciary in the state. Even so, you should think carefully before appointing a business entity to represent your estate. It's almost always best to name an individual; consider an institution only if you don't know anyone you trust enough to serve, or your estate is very large and complex. (Ga. Code §§ 7-1-242; 53-1-2; 53-6-1 (2024).)

Georgia Restrictions on Out-of-State Executors

Unlike many other states, Georgia does not impose special requirements on executors who live out of state. But that doesn't mean it's a good idea to appoint someone who lives far away. For practical reasons, it's usually best to name an executor who lives near you. Your executor may have to handle day-to-day matters for weeks, months, or sometimes longer.

Learn More

For more information about choosing your executor and making your will, see the Wills section of

Ready to create your will?

Get Professional Help
Talk to an Estate Planning attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you