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Georgia Statutes, Title 53

Georgia/Statutes

← All Georgia coverage

Title 53

13 chapters · 484 sections in this title.

All chapters in Title 53484 Ch 12, TRUSTS160 Ch 7, ADMINISTRATION OF ESTATES GENERALLY61 Ch 5, PROBATE54 Ch 4, WILLS49 Ch 6, ADMINISTRATORS AND PERSONAL REPRESEN…38 Ch 2, DESCENT AND DISTRIBUTION23 Ch 3, YEAR’S SUPPORT22 Ch 13, REVISED UNIFORM FIDUCIARY ACCESS TO …18 Ch 9, MISSING PERSONS AND PERSONS BELIEVED…17 Ch 1, GENERAL PROVISIONS14 Ch 8, INVESTMENTS, SALES, AND CONVEYANCES11 Ch 11, PROCEEDINGS IN PROBATE COURT11 Ch 10, SIMULTANEOUS DEATH6

484 sections·Filtered byTitle 53✕

O.C.G.A. § 53-4-72 Passing of after-acquired property
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All property owned by the testator at death that was acquired subsequent to the making of a will shall pass under the will if the provisions of the will are sufficiently broad to embrace the property. History. — Code 1981, § 53-4-72, enacted by Ga. L. 1996, p. 504, § 10. COMMENT …
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 Pecuniary marital deduction testamentary gift or transfer
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(a) As used in this Code section, the term ‘‘marital deduction testamentary gift or transfer’’ means a testamentary gift or transfer of assets, including cash, which qualiﬁes for the federal estate tax marital deduction. (b) Where a will or trust agreement authorizes or requires …
O.C.G.A. § 53-4-20 Probate of wills
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Showing 101–150 of 484

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Common form, §§53-5-17, 53-5-23. Solemn form, §§53-5-21, 53-5-23. Unavailability of witnesses,

O.C.G.A. § 53-4-24 Reeves v

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Webb, 297 Ga. 405, 774 S.E.2d 641 (2015). 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 in solem…

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. § 53-4-50 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. INDEX RUM CREEK PUBLIC FISHING AREA. Boating safety zones, §52-7-13. RIGHT OF PASSAGE ACT. General pr…

O.C.G.A. § 53-4-75 Passing of after-acquired property

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Disposition of heart pacemakers. Pecuniary marital deduction testamentary gift or transfer. Construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws [Repealed]. 2537-2545, 2628; Ga. L. 1865-66, p. 85, § 1; Ga. L. 1865-66, p…

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. § 53-5-3 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. § 53-5-4 Recovery of property from bona ﬁde purchaser for value

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An executor acting under or any person claiming under a will offered for probate within the period described in Code Section 53-5-3 shall be permitted to recover from a bona ﬁde purchaser for value: (1) Property acquired from the heirs of the testator or anyone claiming through t…

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. § 53-5-6 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. § 53-5-15 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. § 53-5-20 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. (2) ‘‘Interested persons’’ means all persons whose interests would be affected by the approval of a settlement agreement in the manner…

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. § 53-5-30 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 Jurisdiction

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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…

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. History. — Code 1981, § 53-5-40, enacted by …

O.C.G.A. § 53-5-41 Laws or court orders governing administration of estate by ancillary personal representative

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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 …

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 repres…

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 Effect of adjudication

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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…

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 Contents of petition; service of notice; issuance of relief

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(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 …

O.C.G.A. § 53-5-52 Time limitation; ﬁling of petition constitutes claim against estate

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(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…

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. § 53-5-60 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 owner regarding the person who will become the owner of the security upon the death of the owner. (2) ‘‘Registe…