Title 53

On the investigation of an issue of devisavit vel non, the admission of an executor before qualification or of a beneficiary, other than a sole beneficiary, shall not be admissible in evidence to impeach the will except where the admission is in reference to the conduct or acts of t…

Probate of a will may be in common form or in solemn form or both. History. — Code 1981, § 53-5-15, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward former OCGA Sec. 53-3-8.

(a) The probate of a will in common form is not conclusive upon anyone interested in the estate adversely to the will except as provided in Code Section 53-5-19. (b) If set aside, probate of a will in common form does not protect the executor in any acts beyond the executor’s nor…

(a) A will may be proved in common form upon the testimony of a single subscribing witness and without service or notice to anyone. If the will is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed witho…

The order to probate a will in common form may be granted by the probate court at any time. History. — Code 1981, § 53-5-18, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries over the concept of former OCGA Sec. 53-3-11.

Probate in common form shall become conclusive upon all parties in interest four years from the date the order admitting such will to probate in common form is entered by the court in such proceeding, except upon minor heirs who require proof in solemn form and interpose a caveat…

(a) Probate in solemn form is conclusive upon all persons served with notice, including persons waiving service of notice or served with notice through a guardian ad litem or other appropriate representative, and upon all beneficiaries under the will who are represented by the per…

(a) A will may be proved in solemn form after service of notice upon the persons required to be served, upon the testimony of all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator as provided in Code Section 5…

(a) Probate in solemn form requires service of notice on all the heirs of the testator and, if there is any other purported will of the testator for which probate proceedings are pending in this state, on all the beneficiaries under and propounders of such purported will. Service …

(a) In all proceedings for the probate of a will in common form or solemn form, witnesses to the will may be examined in person or by written interrogatories which shall be answered in writing and under oath before a notary public or by depositions or other discovery procedures u…

When it appears that a will cannot be proved as otherwise provided by law because at the time the will is offered for probate one or more of the subscribing witnesses to the will is dead or mentally or physically incapable of testifying or otherwise inaccessible, the court may ad…

(a) As used in this Code section, the term: (1) ‘‘Court’’ means a probate court or any superior court on appeal or transfer from a probate court. (2) ‘‘Interested persons’’ means all persons whose interests would be affected by the approval of a settlement agreement in the manner…

Upon petition to the probate court, a person named as an executor in a purported will of a decedent shall be entitled to recover from the estate of the decedent the expenses incurred in offering the will for probate in common or solemn form, including reasonable attorney’s fees, …

(a)(1) As used in this Code section, the term ‘‘court’’ means a probate court or superior court on appeal or transfer from a probate court. (2) Except as provided in subsection (b) of this Code section, the personal representative nominated in the will or duly qualified so to serv…

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 …

A foreign will or an out-of-state will may be admitted to original common or solemn form probate under the rules governing probate of wills of testators who die domiciled in this state upon proof that the will is valid under the laws of this state and that it has not been offered…

If a foreign will or an out-of-state will is admitted to original probate in common or solemn form, the terms of the will shall be given effect under the laws of this state and shall be subject to the same defenses and objections as a will of a testator who died domiciled in this…

(a) A foreign will or an out-of-state will duly admitted to probate or established under the laws of the domiciliary jurisdiction may be admitted to ancillary probate in solemn form upon proof that the will has not been offered for probate in this state in proceedings in which a …

If a foreign will or an out-of-state will is admitted to ancillary probate in this state, the validity and terms of the will shall be given effect under the laws of the domiciliary jurisdiction. History. — Code 1981, § 53-5-34, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This s…

(a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title wit…

The probate court of any county in this state in which is located any property owned by the decedent or any cause of action of which the decedent was possessed at death the venue of which lies in this state shall have original or ancillary jurisdiction of a foreign or out-of-stat…

Upon the admission of a foreign will or an out-of-state will to ancillary probate, an executor named by or pursuant to the will to serve in this state or, in the absence of objection, a duly qualified and acting executor, administrator, or personal representative for the estate un…

If a nondomiciliary dies intestate owning real property located in this state, the real property shall be distributed to that decedent’s heirs in accordance with the laws of intestacy of this state. History. — Code 1981, § 53-5-38, enacted by Ga. L. 1996, p. 504, § 10. COMMENT Th…

When a nondomiciliary dies intestate owning real property located in any county of this state, the probate court of such county, on petition of any heir, creditor, or any duly qualified administrator or personal representative of the decedent, shall appoint an administrator of the…

Upon qualification, the ancillary personal representative shall give notice to all creditors of the nondomiciliary decedent who are domiciled in this state in the same manner as is required for decedents who die domiciled in this state. History. — Code 1981, § 53-5-40, enacted by …

An ancillary personal representative shall be subject to the laws of this state governing the administration of estates generally, except that by order of the probate court granted after notice to the persons known to have an interest in or claim against the estate in this state …

When an individual dies domiciled outside of this state possessed of a claim to or against real or personal property or a cause of action within this state, if ancillary probate or administration has not been granted and is not pending in this state and there is a personal repres…

A copy of letters, or like documentation authenticated in accordance with Code Section 24-9-922, evidencing the qualification of the personal representative of the decedent who died domiciled outside this state, shall constitute prima-facie evidence of the authority of the persona…

Any person having an interest or claim as heir, beneficiary, or creditor with respect to any real or personal property located within this state of an individual who dies domiciled outside of this state may petition a probate court having jurisdiction for ancillary probate or admi…

(a) A personal representative of a decedent who died domiciled outside this state submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by: (1) Receiving payment of money or taking delivery of personal property belonging to th…

(a) Service of process may be made upon the personal representative of a decedent who dies domiciled outside this state by registered or certified mail, addressed to the personal representative’s last reasonably ascertainable address, requesting a return receipt signed by the addr…

An adjudication with respect to personal property rendered in any jurisdiction in favor of or against any personal representative of the estate of a decedent who died outside this state is as binding upon the personal representative as if that person were a party to the adjudicat…

(a) The probate court shall have original jurisdiction over any petition to vacate, set aside, or amend its order admitting a will to probate. (b) A petition under subsection (a) of this Code section may be brought in the probate court to vacate, set aside, or amend its order adm…

(a) A petition made pursuant to Code Section 53-5-50 shall set forth the allegations on which such petition is based and the name and address of the then acting personal representative, if any, of the estate, or, if none, the beneficiaries of the previously probated will required …

(a) A petition based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50 shall be brought before: (1) The probate of the previously probated will becomes conclusive upon the petitioner under Code Section 53-5-19 or 53-5-20; and (2) The expiration of the time withi…

The provisions of this article shall govern in proceedings in the probate court to vacate, set aside, or amend an order admitting a will to probate, and the provisions of Code Section 9-11-60 shall not be applicable to such proceedings. History. — Code 1981, § 53-5-53, enacted by…

This article shall be known and may be cited as the ‘‘Uniform Transfer on Death Security Registration Act.’’ History. — Code 1981, § 53-5-60, enacted by Ga. L. 1999, p. 805, § 1.

As used in this article, the term: (1) ‘‘Beneficiary form’’ means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. (2) ‘‘Registe…

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in bene…

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity’s principal office, the office of its transfer agent or its office makin…

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. History. — Code 1981, § 53-5-64, enacted by …

Registration in beneficiary form may be shown by the words ‘‘transfer on death’’ or the abbreviation ‘‘TOD,’’ or by the words ‘‘pay on death’’ or the abbreviation ‘‘POD,’’ after the name of the registered owner and before the name of a beneficiary. History. — Code 1981, § 53-5-65, …

The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all the then surviving owners wit…

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the regist…

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to…

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this article and is not testamentary. (b) This article does not limit the rights of creditor…