Definitions

For purposes of this article: (1) ‘‘Domiciliary jurisdiction’’ is the jurisdiction outside this state in which a nondomiciliary is domiciled at death. (2) ‘‘Foreign will’’ is the will of a nondomiciliary who dies while domiciled in a jurisdiction that is not a state or territory governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state. (3) ‘‘Nondomiciliary’’ is a decedent who dies while domiciled in a jurisdiction that is outside this state. (4) ‘‘Out-of-state will’’ is the will of a nondomiciliary who dies while domiciled in a state or territory that is governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state. History. — Code 1981, § 53-5-30, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section replaces former OCGA Sec. 53-3-40. This section distinguishes two types of wills: the wills of testators who die domiciled in any state of the United States other than Georgia or any other territory governed by the laws of the United States (‘‘out-of-state’’ wills) and the wills of testators who die in another country or territory (‘‘foreign’’ wills). The will of a testator who dies while domiciled outside Georgia is subject to the provisions of this Article only if the testator owned at death located in Georgia or was possessed of a cause of action the venue of which is Georgia. 500 53-5-31