Title 53

(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the decedent’s estate and to serve as a personal representative or trustee of the decedent’s estate or any trus…

(a) In any case in which the United States Department of the Treasury or the Department of Revenue of this state determines that there exists an overpayment of federal or state income tax and the person in whose favor the overpayment is determined to exist is deceased at the time…

A surviving spouse who is under the age of 18 years is entitled to apply for, take, and hold any share in the deceased spouse’s estate to which the surviving spouse is entitled by virtue of being an heir or a beneficiary or being eligible for year’s support without the interventio…

A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the effect described in Code Section 19-8-19, and the adoptive parents and relatives of the adoptive parents shall likewise be entitled to inherit from and through th…

Except to the extent that the principles of common law and equity governing wills, trusts, and the administration of estates are modified by this title or another provision of law, those principles remain the law of this state. History. — Code 1981, § 53-1-9, enacted by Ga. L. 202…

(a) A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to satisfy the testamentary gift. (b)…

Every advancement shall be valued without interest at its value at the time of the transfer unless a value or an interest rate is specified in writing at the time of acceptance or in the transferor’s will. History. — Code 1981, § 53-1-11, enacted by Ga. L. 1996, p. 504, § 10.

(a) If a beneficiary has received a satisfaction, the beneficiary shall not receive any other property in replacement of the specific testamentary gift which is the subject of the satisfaction. (b) If a beneficiary has received an advancement of all or a portion of a demonstrative or…

relation back; (a) For purposes of this Code section, the term ‘‘property’’ includes any interest in property and any power over or right with respect to the property. (b) Any person to whom an interest in property is transferred or who succeeds to property by contract or by oper…

Value. Manner of taking into account. Consideration of satisfaction or advancement when recipient predeceases transferor. Article 3 Renunciation Renouncing property; procedures; relation back; abridgement; fiduciary duties. chapter consisted of §§ 53-1-1 through 53-1-6, and was ba…

(a) As used in this Code section, the term: (1) ‘‘Abandon’’ means that a parent of a minor child, without justifiable cause, fails to communicate with the minor child, care for the minor child, and provide for the minor child’s support as required by law or judicial decree for a p…

The rights of inheritance of a child born out of wedlock shall be as follows: (1) A child born out of wedlock may inherit in the same manner as though legitimate from or through the child’s mother, the other children of the mother, and any other maternal kin; (2)(A) A child born …

(a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate. (b) The father of a child born out of wedlock, the other chil…

An individual conceived by artificial insemination and presumed legitimate in accordance with Code Section 19-7-21 shall be considered a child of the parents and entitled to inherit under the laws of intestacy from the parents and from relatives of the parents, and the parents and…

An individual who is related to the decedent through two or more lines of relationship is entitled to only a single share based on the relationship entitling that individual to the largest share under the laws of intestacy. History. — Code 1981, § 53-2-6, enacted by Ga. L. 1996, …

(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent’s heirs at law, subject to divestment by the appointment of an administrator …

(a) When the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent’s death, any undistributed property of the decedent to which the spouse had been entitled prior to the spouse’s death shall not escheat but shall be distr…

The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alternatively, the pe…

Any personal representative, guardian, conservator, committee, trustee, fiduciary, or other person having a status which by operation of law or written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as…

Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to either the probate court or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of intere…

Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the same manner as prescribed in cases in which equitable relief is sought; and the case shall thereafter proceed to judgment in …

Upon the filing in a probate court of a petition described in Code Section 53-2-21 or 53-2-22, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title. History. — Code 1981, § 53-2-24, enacted by Ga. L. 1996, p. 504, § 10. COMMENT…

(a) When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a probate court or superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any party in in…

(a) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset. (b) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset onl…

An heir or the administrator may petition the probate court for an order allowing a distribution in kind that is not pro rata as to each asset. The petition shall set forth the names and addresses of all the heirs and the requested distribution of the assets. Upon the filing of th…

If no objection is made to the petition, the probate court shall order the administrator to distribute the assets in the manner requested in the petition. If objection is made, upon the evidence submitted, the probate court shall divide the assets in kind in shares that are pro r…

(a) When an individual has died intestate and there has been no personal representative appointed in this state, any heir of the decedent may file a petition praying for an order that no administration is necessary. The petition shall be filed in the probate court of the county of …

(a) Upon the filing of a petition that states that there are known creditors of the estate who are to be served, a citation shall be issued and any creditors of the estate shall be served as provided in Chapter 11 of this title. (b) If any creditor, whether the debt is due or not,…

After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the unsatisfied debts against the heirs, to the extent of the value of property received by the heirs. History. — Code 1981, § 53-2…

As used in this article, the term ‘‘escheat’’ is the reversion of property to the state upon a failure of heirs of a decedent to appear and make claim for or against property owned by the decedent at death for which no other disposition was provided either by will or otherwise. H…

(a) If no person has appeared and claimed to be an heir within four years from the date letters of any kind on an intestate decedent’s estate were granted, the personal representative shall petition the probate court of the county in which the letters were granted for determinati…

53-2-21 described the capacity necessary to make a will as including a ‘‘decided and rational desire’’ on the part of the testator: ‘‘decided, as distinguished from the wavering, vacillating fancies of a distempered intellect, and rational, as distinguished from the ravings of a …

— In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 113-201 and 113-206, and former O.C.G.A. §§ 53-2-20 and 53-2-22 are included in the annotations for this Code section. When testamentary capacity is the issue, capacity must be determin…

(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…

The probate court may award year’s support as to property located inside or outside the county where the decedent was domiciled at the time of death; and title to property both inside and outside the county where the decedent was domiciled at the time of death shall vest in the s…

(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…

(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 …

The right of a surviving spouse or minor child to year’s support from the estate of a decedent shall be barred by a sale or conveyance made prior to the award of year’s support by the personal representative or temporary administrator of the estate under authority of a court of c…

If year’s support is set apart for the benefit of any individual in or with respect to real property on which there is a recorded option to purchase or contract to sell outstanding at the time the same is so set apart, the individual and any purchasers or lessees of the real prope…

A conveyance, contract, or lien made or created by the surviving spouse or by the guardian of the minor child or children shall be superior to the title and interest of the surviving spouse or minor child or children under year’s support subsequently applied for and set apart. Hi…

Whenever the vendor of real property makes a deed to such real property and takes a mortgage to secure the purchase money for such real property, neither the surviving spouse nor the children of the vendee shall be entitled to year’s support in the real property as against the ve…

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…

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…

(a) When property is set apart as year’s support for the joint benefit of the surviving spouse and the minor child or children, a conveyance or encumbrance of the same or any or all parts of such property by the surviving spouse shall convey or encumber the title and interest of t…

(a) A surviving spouse’s right to year’s support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year’s support. (b) A minor child’s right to year’s support shall be barred by the marriage or death of the minor or by the minor’s attai…

(a) The approval of the probate court required by subsection (b) of Code Section 53-3-19 shall be obtained in the following manner: The surviving spouse shall petition the probate court, stating the purposes of the proposed conveyance or encumbrance and describing the property th…