Title 53 — Title 53
0 chapters · 435 sections in this title.
O.C.G.A. § 53-3-1 Preference and entitlement
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(a) As used in this chapter, the terms ‘‘child’’ or ‘‘children’’ mean any minor child who would be entitled to inherit if the child’s parent died intestate. (b) Among the necessary expenses of administration and to be preferred before all other debts or demands, except as specific…
O.C.G.A. § 53-3-10 Real property
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Awarding interest in, §53-3-11. Vesting of title to property set apart, §53-3-9. 1057 INDEX TODS. Transfer on death security registration, §§53-5-60 to 53-5-71. TOILETS. Marine toilets. Defined, §52-7-3. Portable marine toilets. Defined, §52-7-3. Protected freshwaters. Use of vesse…
O.C.G.A. § 53-3-11 Awarding interest in real property
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(a) When the probate court grants an order for year’s support which awards an interest in real property located in this state, within 30 days after granting the order the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of…
O.C.G.A. § 53-3-12 Fees
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(a) The fees of the probate court shall be paid by the petitioner for year’s support out of the fund set apart for such petitioner or for the surviving spouse or a minor child in whose behalf the petitioner acted pursuant to subsection (a) of Code Section 53-3-5. (b) The probate …
O.C.G.A. § 53-3-13 CONVICTED FELONS
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Wills. Testamentary capacities, §53-4-10. COPYRIGHTS. Principal and income act. Allocation of receipts from, §53-12-426. CORPORATIONS. Canal companies. General provisions, §§52-4-1 to 52-4-16. CORPORATIONS —Cont’d Decedents’ estates. Executors and administrators. Compensation to …
O.C.G.A. § 53-3-16 RECIPROCITY
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Pilots and pilotage. Port of St. Marys and tributaries of St. Marys river. Reciprocal pilotage, §52-6-11. RECORDATION. Deeds. Deed to acquire beneficial interest in property. Deed creating estate, §53-12-152. RECORDATION —Cont’d Deed to acquire beneficial interest in property. Deed…
O.C.G.A. § 53-3-17 Personal property subject to mortgage or other security interest
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Whenever the vendor of personal property, at the time of selling and delivering such personal property, takes a mortgage or other security interest to secure the payment of the purchase money for such personal property, neither the surviving spouse nor the minor child or children…
O.C.G.A. § 53-3-18 Landlord’s lien on crops
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Whenever a tenant dies owing a landlord for rent or for supplies for which the landlord has a special lien on the crops made on the lands rented from the landlord in the year the rent accrued or supplies were furnished, neither the surviving spouse nor spouse and minor children n…
O.C.G.A. § 53-3-19 ENDANGERING CHILD
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Boats and other watercraft. Person transporting child in watercraft while under influence of alcohol or drugs, §52-7-12. DRUNKENNESS. Pilots, §52-6-37. ENGINE CUTOFF SWITCH. Personal watercraft, requirement, §52-7-8.2. E ELBA ISLAND. Boating safety zones for maritime and homeland …
O.C.G.A. § 53-3-2 Fees, §53-3-12
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Filing of petition, §53-3-5. Final illness expenses. Effect on determination of solvency of estate, §53-3-7. Funeral expenses. Effect on determination of solvency of estate, §53-3-7. Hearing, §53-3-7. Issuance of citation, §53-3-6. Lien created by surviving spouse or guardian, §5…
O.C.G.A. § 53-3-21 Appointment of temporary administrator
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If there is no personal representative of the decedent’s estate, the probate court may appoint a temporary administrator as provided in Code Section 53-6-30 to perform the duties of a personal representative under subsection (b) of Code Section 53-3-7 or under subsection (b) of C…
O.C.G.A. § 53-3-3 Provision in will in lieu of support; election
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A testator by will may make provision for the spouse in lieu of year’s support, in which case the surviving spouse must make an election. History. — Code 1981, § 53-3-3, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward former OCGA Sec. 53-5-5.
O.C.G.A. § 53-3-5 Filing of petition
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(a) Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in behalf of the surviving spouse or in behalf of a minor child may file a petition for year’s support in the probate court having jurisdiction ov…
O.C.G.A. § 53-3-6 Real property
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Awarding of interest in, §53-3-11. 1089 INDEX YEAR’S SUPPORT —Cont’d Real property —Cont’d Option to purchase or contract to sell, §53-3-14. Subject to purchase money mortgage, §53-3-16. Taxes, §53-3-4.
O.C.G.A. § 53-3-7 Hearing and determination
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(a) If no objection is made after the publication of the notice, or, if made, is disallowed or withdrawn, the probate court shall enter an order setting apart as year’s support the property applied for in the petition. (b) If objection is made, the probate court shall hear the pe…
O.C.G.A. § 53-3-9 Vesting of title to property set apart
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(a) Except as otherwise provided in Code Section 53-3-8, title to the property set apart shall vest in the surviving spouse and child or children or, if there is no surviving spouse, in the children, share and share alike; and the property shall not be administered as the estate …