Title 53 — Title 53
0 chapters · 435 sections in this title.
O.C.G.A. § 53-2-1 Intestate succession
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Descent and distribution generally, §§53-2-1 to 53-2-51. Inventory, §§53-7-30 to 53-7-34. Investments. General provisions, §§53-8-1 to 53-8-5. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Date of presumed death, §53-9-1.…
O.C.G.A. § 53-2-2 Effect of decree of adoption
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Reserved. Repealed by Ga. L. 1997, p. 1352, § 3, effective January 1, 1998. Editor’s notes. — This Code section, enacted by Ga. L. 1996, p. 504, § 10, was to become effective January 1, 1998, but was repealed and reserved by Ga. L. 1997, p. 1352, § 3.
O.C.G.A. § 53-2-20 Jurisdiction of probate or superior court
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The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alternatively, the pe…
O.C.G.A. § 53-2-21 Filing of petition
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Any personal representative, guardian, conservator, committee, trustee, fiduciary, or other person having a status which by operation of law or written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as…
O.C.G.A. § 53-2-22 Petition by person claiming to be heir or distributee
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Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to either the probate court or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of intere…
O.C.G.A. § 53-2-23 Superior court procedure
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Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the same manner as prescribed in cases in which equitable relief is sought; and the case shall thereafter proceed to judgment in …
O.C.G.A. § 53-2-24 Probate court procedure
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Upon the filing in a probate court of a petition described in Code Section 53-2-21 or 53-2-22, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title. History. — Code 1981, § 53-2-24, enacted by Ga. L. 1996, p. 504, § 10. COMMENT…
O.C.G.A. § 53-2-25 Former Code Sec
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53-2-21 described the capacity necessary to make a will as including a ‘‘decided and rational desire’’ on the part of the testator: ‘‘decided, as distinguished from the wavering, vacillating fancies of a distempered intellect, and rational, as distinguished from the ravings of a …
O.C.G.A. § 53-2-26 Effect of findings of court
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In the absence of fraud, the findings of the superior court or the probate court shall be binding and conclusive as to every person and as to every issue decided. History. — Code 1981, § 53-2-26, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries over paragraph (a)…
O.C.G.A. § 53-2-27 DNA testing for kinship; procedure; costs
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(a) When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a probate court or superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any party in in…
O.C.G.A. § 53-2-3 Inheritance by children born out of wedlock
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The rights of inheritance of a child born out of wedlock shall be as follows: (1) A child born out of wedlock may inherit in the same manner as though legitimate from or through the child’s mother, the other children of the mother, and any other maternal kin; (2)(A) A child born …
O.C.G.A. § 53-2-30 Authority of administrator; method of distribution provided for in will
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(a) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset. (b) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset onl…
O.C.G.A. § 53-2-32 Authority of administrator, §53-2-30
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Manner of distribution as provided for in will, §53-2-30. Orders of probate court, §53-2-32. Petition in probate court, §53-2-31. Probate court orders, §53-2-32. Pro rata distribution, §53-2-31. Judicial determination of heirs and interests, §§53-2-20 to 53-2-27. Conclusiveness o…
O.C.G.A. § 53-2-4 Inheritance from children born out of wedlock
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(a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate. (b) The father of a child born out of wedlock, the other chil…
O.C.G.A. § 53-2-40 Petition
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(a) When an individual has died intestate and there has been no personal representative appointed in this state, any heir of the decedent may file a petition praying for an order that no administration is necessary. The petition shall be filed in the probate court of the county of …
O.C.G.A. § 53-2-41 Issuance of citation and order; objections
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(a) Upon the filing of a petition that states that there are known creditors of the estate who are to be served, a citation shall be issued and any creditors of the estate shall be served as provided in Chapter 11 of this title. (b) If any creditor, whether the debt is due or not,…
O.C.G.A. § 53-2-42 Right of action by creditor
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After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the unsatisfied debts against the heirs, to the extent of the value of property received by the heirs. History. — Code 1981, § 53-2…
O.C.G.A. § 53-2-5 Children conceived by artificial insemination
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An individual conceived by artificial insemination and presumed legitimate in accordance with Code Section 19-7-21 shall be considered a child of the parents and entitled to inherit under the laws of intestacy from the parents and from relatives of the parents, and the parents and…
O.C.G.A. § 53-2-50 Definition
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As used in this article, the term ‘‘escheat’’ is the reversion of property to the state upon a failure of heirs of a decedent to appear and make claim for or against property owned by the decedent at death for which no other disposition was provided either by will or otherwise. H…
O.C.G.A. § 53-2-51 Procedure
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(a) If no person has appeared and claimed to be an heir within four years from the date letters of any kind on an intestate decedent’s estate were granted, the personal representative shall petition the probate court of the county in which the letters were granted for determinati…
O.C.G.A. § 53-2-7 Vesting of title to property; right to possession
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(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent’s heirs at law, subject to divestment by the appointment of an administrator …
O.C.G.A. § 53-2-8 SWIMMING AREAS
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Boating safety area, §52-7-13. Boat speed restrictions, §52-7-14. Operation adjacent to, §52-7-18. Personal watercraft. Speed restrictions when operating adjacent to, §52-7-8.2. T TAXATION. Canal companies. Subject to taxes, §52-4-16. Exemptions from taxation. Georgia ports autho…