Title 53 — Title 53
0 chapters · 435 sections in this title.
O.C.G.A. § 53-5-1 Jurisdiction and domicile
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(a) The probate court shall have exclusive jurisdiction over the probate of wills. (b) The county of domicile of the testator at death shall give jurisdiction to the probate court of that county. (c) The domicile of a testator who was in the care of a nursing home or other simila…
O.C.G.A. § 53-5-15 Common or solemn form
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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.
O.C.G.A. § 53-5-16 Conclusiveness; persons protected if set aside
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(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…
O.C.G.A. § 53-5-17 Procedure
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(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…
O.C.G.A. § 53-5-18 Court order
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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.
O.C.G.A. § 53-5-19 When conclusive upon parties in interest
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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…
O.C.G.A. § 53-5-2 Baker v
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Baker, 194 Ga. App. 477, 390 S.E.2d 892 (1990) (decided under former O.C.G.A. § 53-5-2). Time period considered in determining standard of living. — Court did not err in weighing into the balance the standard of living which the surviving wife was able to maintain during her marr…
O.C.G.A. § 53-5-20 Conclusiveness
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(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…
O.C.G.A. § 53-5-21 Procedure
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(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…
O.C.G.A. § 53-5-22 Service of notice
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(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 …
O.C.G.A. § 53-5-23 Methods of examining witnesses; photocopy of will
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(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…
O.C.G.A. § 53-5-24 Unavailability of subscribing witnesses
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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…
O.C.G.A. § 53-5-25 Settlement agreement
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(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. 493 53-5-25 WILLS, TRUSTS, AND ESTATES 53-5-25 (2) ‘‘Interested persons’’ means all persons whose interests would be affected by the a…
O.C.G.A. § 53-5-26 Persons entitled to recover expenses
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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, …
O.C.G.A. § 53-5-27 Nonjudicial settlement agreement
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(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…
O.C.G.A. § 53-5-3 Time limitation
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(a) As used in this Code section, the term ‘‘will’’ includes a codicil. (b) A will shall not be offered for probate following the expiration of five years from the earlier of: (1) The latest date on which a petition is filed for the appointment of a personal representative of the d…
O.C.G.A. § 53-5-30 Definitions
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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 …
O.C.G.A. § 53-5-31 Requisites for admission to probate
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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…
O.C.G.A. § 53-5-32 Effect of admission to probate
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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…
O.C.G.A. § 53-5-33 Requisites for admission to ancillary probate
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(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 …
O.C.G.A. § 53-5-34 Effect of admission to ancillary probate
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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…
O.C.G.A. § 53-5-35 Muniments of title to realty
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(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…
O.C.G.A. § 53-5-36 Executors and administrators
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Foreign personal representatives. Subject to jurisdiction of courts of state, §53-5-45. Settlement of accounts, §53-7-60. Foreign personal representatives. Subject to jurisdiction of courts of state, §53-5-45. Intracoastal waterway. State’s jurisdiction over lands affected by cha…
O.C.G.A. § 53-5-37 Qualification of executor or administrator
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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…
O.C.G.A. § 53-5-38 Distribution of intestate nondomiciliary’s real property
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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…
O.C.G.A. § 53-5-39 Appointment of administrator of intestate nondomiciliary’s estate
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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…
O.C.G.A. § 53-5-40 Notice given by ancillary personal representative
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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. 509 53-5-40 WILLS, TRUSTS, AND ESTATES 53-5-…
O.C.G.A. § 53-5-41 Georgia principal and income act
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Generally, §§53-12-380 to 53-12-431. Half-bloods. Considered equally with whole-blood, §53-2-1. Intestate succession.
O.C.G.A. § 53-5-42 Powers
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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 510 53…
O.C.G.A. § 53-5-43 Evidence of authority
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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…
O.C.G.A. § 53-5-44 Application to protect interest in property
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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…
O.C.G.A. § 53-5-45 Jurisdiction
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(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…
O.C.G.A. § 53-5-46 Service of process
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(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…
O.C.G.A. § 53-5-47 Methods of examining witnesses; photocopy of will
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Unavailability of subscribing witnesses. Settlement agreement. Persons entitled to recover expenses. Nonjudicial settlement agreement. Article 5 Foreign and Out-of-state Wills; Nondomiciliaries 53-5-35. 53-5-36. 53-5-37. FOREIGN PERSONAL REPRESENTATIVES Article 4 Witnesses; Settl…
O.C.G.A. § 53-5-5 Duty to file will
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A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered. History. — Code 1981,…
O.C.G.A. § 53-5-50 Original jurisdiction; petition and pleading requirements
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(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…
O.C.G.A. § 53-5-51 Ancillary proceedings
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Foreign personal representatives, §§53-5-42 to 53-5-47. Bona fide purchaser purchasing property before probate, §53-5-4. Codicils. Time to offer for probate, §53-5-3. Common form, §§53-5-15 to 53-5-19. Authorization by court order, §53-5-18. Authorized form of probate, §53-5-15. C…
O.C.G.A. § 53-5-53 Applicability of article
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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…
O.C.G.A. § 53-5-6 Admission of executor before qualification or of a beneficiary
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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…
O.C.G.A. § 53-5-60 Short title
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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.
O.C.G.A. § 53-5-61 Definitions
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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 519 53-5-61 WILLS, TRUSTS, AND ESTATES 53-5-62 owner regarding the person who will become the owner of the secu…
O.C.G.A. § 53-5-62 Ownership of a security
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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…
O.C.G.A. § 53-5-63 Authorization of beneficiary form
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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…
O.C.G.A. § 53-5-64 Duties of registering entity, §53-5-68
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Effective date of provisions, §53-5-71. Effect of transfer, §53-5-69. Creditors, §53-5-69. Effect prior to death, §53-5-66. Effect upon death, §53-5-67. Reregistration, §53-5-67. Evidence of form, §53-5-65. No effect until death, §53-5-66. Protective effect, §53-5-68. Registratio…
O.C.G.A. § 53-5-65 Words used in beneficiary form
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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, …
O.C.G.A. § 53-5-66 Designation of transfer in beneficiary form
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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…
O.C.G.A. § 53-5-67 Ownership of registered security after death
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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…
O.C.G.A. § 53-5-69 Effect of beneficiary form
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(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…
O.C.G.A. § 53-5-7 Jurisdiction and domicile
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Right to offer will for probate; ‘‘interested person’’ defined. Time limitation. Recovery of property from bona fide purchaser for value. Duty to file will. Admission of executor before qualification or of a beneficiary. Proof of codicil. Article 2 Common Form 53-5-15. 53-5-16. 53-5-1…
O.C.G.A. § 53-5-70 Terms and conditions of beneficiary form; illustrations
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(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for cancell…