Title 53 — Title 53
0 chapters · 435 sections in this title.
O.C.G.A. § 53-4-1 Power of testator
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A testator, by will, may make any disposition of property that is not inconsistent with the laws or contrary to the public policy of the state and may give all the property to strangers, to the exclusion of the testator’s spouse and descendants. History. — Code 1981, § 53-4-1, en…
O.C.G.A. § 53-4-10 Editor’s notes
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— Ga. L. 1972, p. 193, § 10, effective July 1, 1972, not codified by the General Assembly, provided that the purpose of the Act was to reduce the age of legal majority from 21 years of age to 18 years of age so that all persons, upon reaching the age of 18, would have the rights, …
O.C.G.A. § 53-4-11 Standard for capacity, §53-4-11
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Undue influence, §53-4-12. Voluntary execution required, §53-4-12. WILLS —Cont’d Testamentary gifts, §§53-4-58 to 53-4-74. Beneficiary of gift predeceasing testator, §53-4-64. Charitable gifts, §53-4-62. Construction of will. Omitted child, §53-4-58. Debts of testator, order for pa…
O.C.G.A. § 53-4-12 Year’s support, §§53-3-1 to 53-3-21
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WITNESSES. Competency to be witness. Wills. Execution and attestation generally, §53-4-22. 1088 INDEX WITNESSES —Cont’d Pilots and pilotage. Board of pilotage commissioners. Interrogatories and depositions from nonresidents and seamen, §52-6-41. Appeals from board to superior cou…
O.C.G.A. § 53-4-2 When will takes effect
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A will shall take effect instantly upon the death of the testator however long probate may be postponed. History. — Code 1981, § 53-4-2, enacted by Ga. L. 1996, p. 504, § 10.
O.C.G.A. § 53-4-20 Proof of codicil, §53-5-7
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Self-proved codicil, §53-4-24. COERCION AND DURESS. Wills. Effect on validity, §53-2-6. Testamentary capacity, §53-4-12. COEXECUTORS. Authority and powers when several named in will, §53-7-5. COMMERCE AND TRADE. Foreign trade zones, §§52-10-1 to 52-10-4. COMMERCIAL PAPER.
O.C.G.A. § 53-4-21 Witnesses, §53-4-20
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Competency, §53-4-22. Self-proved wills or codicils, §53-4-24. Testamentary gift to witness or witness’ spouse, §53-4-23. Writing requirement, §53-4-20. Executors and administrators. Generally, §§53-6-1 to 53-6-64. Express revocation, §53-4-42. Destruction or obliteration of will…
O.C.G.A. § 53-4-22 Competency of witness
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(a) Any individual who is competent to be a witness and age 14 or over may witness a will. (b) If a witness is competent at the time of attesting the will, the subsequent incompetence of the witness shall not prevent the probate of the will. 355 53-4-22 WILLS, TRUSTS, AND ESTATES…
O.C.G.A. § 53-4-23 Testamentary gift to witness or witness’s spouse
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(a) If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will. (b) An individua…
O.C.G.A. § 53-4-24 Reeves v
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Webb, 297 Ga. 405, 774 S.E.2d 641 (2015). 53-5-21 Former statute unconstitutional. — See McKnight v. Boggs, 253 Ga. 537, 322 S.E.2d 283 (1984) (decided under former Code 1933, § 113-602). Statute prescribes certain essential prerequisites before a valid judgment probating a will …
O.C.G.A. § 53-4-3 Determination whether instrument is will
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No particular form is necessary to constitute a will. To determine whether an instrument is a will, the test is the intention of the maker to be gathered from the whole instrument, read in light of the surrounding circumstances. If the intention is to convey a present interest, t…
O.C.G.A. § 53-4-30 Contract concerning succession
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A contract made on or after January 1, 1998, that obligates an individual to make a will or a testamentary disposition, not to revoke a will or a testamentary disposition, or to die intestate shall be express and shall be in a writing that is signed by the obligor. History. — Cod…
O.C.G.A. § 53-4-31 Definitions
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(a) A joint will is one will signed by two or more testators that deals with the distribution of the property of each testator. A joint will may be probated as each testator’s will. (b) Mutual wills are separate wills of two or more testators that make reciprocal dispositions of …
O.C.G.A. § 53-4-32 Effect of execution
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The execution of a joint will or of mutual wills does not create a presumption of a contract not to revoke the will or wills. History. — Code 1981, § 53-4-32, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section clarifies that the execution of joint or mutual wills does not …
O.C.G.A. § 53-4-33 Revocation
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(a) A joint will or mutual wills may be revoked by any testator in the same manner as any other will. (b) Revocation of a joint will or a mutual will by one of the testators shall not revoke the will of any other testator. History. — Code 1981, § 53-4-33, enacted by Ga. L. 1996, …
O.C.G.A. § 53-4-4 Incorporation of extrinsic documents into will
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(a) Any writing in existence when a will is executed may be incorporated into the will by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (b) This Code section shall not be construed to imply that the…
O.C.G.A. § 53-4-40 Power of testator
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A will may be changed or revoked by the testator at any time prior to the testator’s death. History. — Code 1981, § 53-4-40, enacted by Ga. L. 1996, p. 504, § 10.
O.C.G.A. § 53-4-41 Intent
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In all cases of revocation, the intent to revoke is necessary. History. — Code 1981, § 53-4-41, enacted by Ga. L. 1996, p. 504, § 10. 369 53-4-41 WILLS, TRUSTS, AND ESTATES This section carries forward the first sentence of former OCGA Sec. 53-2-71. The second section of the forme…
O.C.G.A. § 53-4-42 Power of testator
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Intent. Express or implied revocation. Subsequent will or other written instrument. Destruction or obliteration of will or material portion thereof. Revival or republication of previous will. Presumption of intent. Effect of implied revocation. Effect of testator’s marriage, or b…
O.C.G.A. § 53-4-43 Subsequent will or other written instrument
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An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a will. History. — Code 1981, § 53-4-43, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries fo…
O.C.G.A. § 53-4-44 PRESUMPTION OF DEATH
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Estates of persons believed to be dead. Administration of estates of missing persons or persons believed dead, §§53-9-1 to 53-9-8. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Missing persons, §53-9-1. Nondomiciliaries, §53-9-20. PRESUMPTIONS. Boats and other watercraf…
O.C.G.A. § 53-4-45 Revival or republication of previous will
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(a) If a will or other written instrument that expressly revoked a previous will in its entirety is revoked by a later will or other written instrument, as described in Code Section 53-4-43, the previous will remains revoked unless it is revived. The previous will is revived if i…
O.C.G.A. § 53-4-46 Presumption of intent
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(a) A presumption of intent to revoke arises if the original of a testator’s will cannot be found to probate. (b) A copy of a will may be offered for probate in accordance with Chapter 5 of this title in lieu of the original will if the original cannot be found to probate, provid…
O.C.G.A. § 53-4-47 Effect of implied revocation
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An implied revocation extends only so far as an inconsistency exists between testamentary instruments. Any portion of a prior instrument that can stand consistently with the testamentary scheme in a subsequent instrument shall remain unrevoked. History. — Code 1981, § 53-4-47, en…
O.C.G.A. § 53-4-49 Republication
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Revival of previous will expressly revoked, §53-4-45. Revoked will, §53-4-50. Revival of previous will expressly revoked, §53-4-45. Subsequent will. Express revocation, §53-4-43. Implied revocation, §53-4-42. Self-proved will or codicil, §53-4-24. Probate of wills. Common form, §…
O.C.G.A. § 53-4-50 Revival of previous will, §53-4-45
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Subsequent will revoking previous will, §§53-4-42, 53-4-43. RIGHT OF ENTRY. Intracoastal waterway. Department of transportation. Entry of lands to locate rights of way, §52-3-11. 1049 INDEX RUM CREEK PUBLIC FISHING AREA. Boating safety zones, §52-7-13. RIGHT OF PASSAGE ACT. Gener…
O.C.G.A. § 53-4-55 Common law and equity principles
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Applicability to wills, trusts and administration of estates unless otherwise modified, §53-1-9. Intent of testator, §53-4-55. Omitted children, §53-4-58. Parol evidence, §53-4-56. Partial illegality of will, §53-4-57. INTERROGATORIES. Pilots and pilotage. Board of pilotage commis…
O.C.G.A. § 53-4-56 Construction of wills; parol evidence
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In construing a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of execution to explain all ambiguities, whether latent or patent. History. — Code 1981, § 53-4-56, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries…
O.C.G.A. § 53-4-57 Partial illegality of will
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If a will is illegal in part, the part that is legal may be sustained; but if the whole will so constitutes one testamentary scheme that the legal portion alone cannot give effect to the testator’s intention, the whole will shall fail. History. — Code 1981, § 53-4-57, enacted by …
O.C.G.A. § 53-4-58 Failure to provide for living child believed dead
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If at the time of execution of the will the testator fails to provide in the will for a living child of the testator solely because the testator believes the child to be dead, the child is entitled to receive a share in the estate as follows: (1) If the testator had no other chil…
O.C.G.A. § 53-4-59 Specific, demonstrative, general, or residuary testamentary gifts
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Testamentary gifts may be specific, demonstrative, general, or residuary. A specific testamentary gift directs the delivery of property particularly designated. A demonstrative testamentary gift designates the fund or property from which the gift is to be satisfied but nevertheless …
O.C.G.A. § 53-4-61 Lapsed gift, §53-4-65
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Marital deduction testamentary gift or transfer, §53-4-74. Order for payment of debts, §53-4-63. Predeceased beneficiary, §53-4-64. Residuary testamentary gift, §53-4-59. Order for payment of debts, §53-4-63. Specific testamentary gift, §53-4-59.
O.C.G.A. § 53-4-62 Testamentary gift to charity
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If a testamentary gift to a charity cannot be executed in the exact manner provided by the testator, the superior court may exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator. History. — Code 1981, § 53-4-62, enacted by …
O.C.G.A. § 53-4-63 Specific testamentary gift, §53-4-59
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Ademption or destruction, §53-4-66. Condemnation award, §53-4-67. Exchange of gift for like property, §53-4-67. Income, profit or increase, §53-4-60.
O.C.G.A. § 53-4-65 Disposition of lapsed or void testamentary gift of residuum
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(a) A lapsed or void testamentary gift of realty or personalty shall become part of the residuum. (b) A lapsed or void gift of the residuum shall be deemed a part of the share of the other residuary beneficiaries in proportion to their original shares of the residuum. If there are…
O.C.G.A. § 53-4-66 Ademption or destruction of specific testamentary gift
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Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death. History. — Code 1981, § 53-4-66, enacted by Ga. L. 1996, p. 504, § 10.
O.C.G.A. § 53-4-67 Income, profit or increase, §53-4-60
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Increase from gift, §53-4-60. Loss, theft or destruction. Insurance proceeds, §53-4-67. Order for payment of debt, §53-4-63. Profit from gift, §53-4-60. Void gift, §53-4-65. Testator’s power, §53-4-1. Trusts. Incorporation by reference of trustee’s powers, §53-12-263. Testamentary…
O.C.G.A. § 53-4-68 Construction
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Action for interpretation or enforcement of will. In terrorem conditions to prevent, unenforceable, §53-4-68. 1083 INDEX WILLS —Cont’d Construction —Cont’d After-acquired property, passing under will, §53-4-72. Beneficiaries with claim adverse to will, §53-4-69. Compensation to de…
O.C.G.A. § 53-4-69 Election by beneficiary with claim adverse to will
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A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a claim adverse to the will shall be required to elect whether to claim under the will or against it. However, the mere fact that the bene…
O.C.G.A. § 53-4-71 Birth of child to testator
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Revocation of will, §53-4-48. Capacity of testator, §§53-4-10 to 53-4-12. Charitable gifts, §53-4-62.
O.C.G.A. § 53-4-72 Contracts, incapacity
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Coexistence with capacity to make will, §53-4-11. Convict’s power to make will, §53-4-10. Copy of will offered for probate in lieu of original. Original not found to probate, §53-4-46. Creditor beneficiaries, §§53-4-69, 53-4-71. WILLS —Cont’d Debts of testator. Payment of debts an…
O.C.G.A. § 53-4-73 Disposition of heart pacemakers
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(a) Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by will of a heart pacemaker implanted within the individual, such disposition to be made at death. If the sale is by will, it shall be effective without probate. (b) When…
O.C.G.A. § 53-4-74 Principal and income act
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Property not productive of income, §53-12-429. MINERAL RESOURCES —Cont’d Trusts. Principal and income. Allocation of receipts from interest in, §53-12-427. Trustee’s power to manage real property, §53-12-261. MARRIAGE. Wills. Effect of marriage of testator. Revocation, §53-4-48. …