Title 53 — Title 53
0 chapters · 435 sections in this title.
O.C.G.A. § 53-1-1 Short title; effective date of provisions
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(a) This chapter and Chapters 2 through 11 of this title, as such chapters were enacted by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), and as amended by an Act approved April 29, 1997 (Ga. L. 1997, p. 1352), and as such chapters may be amended in the future, shall be kno…
O.C.G.A. § 53-1-10 Lifetime transfers
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(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)…
O.C.G.A. § 53-1-11 Value
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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.
O.C.G.A. § 53-1-12 Manner of taking into account
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(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…
O.C.G.A. § 53-1-13 Lifetime transfers
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Value. Manner of taking into account. Consideration of satisfaction or advancement when recipient predeceases transferor. Article 3 Renunciation 53-1-20. Renouncing property; procedures; relation back; abridgement; fiduciary duties.
O.C.G.A. § 53-1-2 Definitions
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As used in this chapter and Chapters 2 through 11 of this title, the term: (1) ‘‘Administrator’’ means any person appointed and qualified to administer an intestate estate, including an intestate estate already partially administered by an administrator and from any cause unrepres…
O.C.G.A. § 53-1-20 Renouncing property; procedures; relation back; abridgement; fiduciary duties
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chapter consisted of §§ 53-1-1 through 53-1-6, and was based on Orig. Code 1863, § 2239; Code 1868, § 2233; Code 1873, § 2259; Code 1882, § 2259; Civil Code 1895, § 3094; Civil Code 1910, § 3670; Code 1933, § 85-608; Ga. L. 1962, p. 623, § 1; Ga. L. 1969, p. 123, § 1; Code 1981, …
O.C.G.A. § 53-1-3 Dower and tenancy by curtesy
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There is no right of dower or tenancy by curtesy in this state. History. — Code 1981, § 53-1-3, enacted by Ga. L. 1996, p. 504, § 10. COMMENT The concepts of this section were formerly codified at OCGA Secs. 53-1-1 and 53-1-2. 53-1-4. Effect on support obligation of use of income …
O.C.G.A. § 53-1-4 Year’s support, §§53-3-1 to 53-3-21
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TALLULAH FALLS LAKE. Boats and other watercraft. Operation of certain vessels prohibited, §52-7-13. SURFBOARDS. Endangering child. Person towing child on surfboard while under influence of alcohol or drugs, §52-7-12. Operation while under influence of alcohol or drugs, §52-7-12.1. …
O.C.G.A. § 53-1-6 Investments, §§53-8-1 to 53-8-5
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Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Conservators of estates, §§53-9-10 to 53-9-16, 53-9-21. Probate court proceedings, §§53-11-1 to 53-11-11. Probate of wills, §§53-5-1 to 53-5-51. Common form, §§53-5-15 to 53-5…
O.C.G.A. § 53-1-7 Surviving spouse under the age of 18 years
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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…
O.C.G.A. § 53-1-8 Adopted individuals
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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…
O.C.G.A. § 53-1-9 Survival of common law and equity
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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…
O.C.G.A. § 53-2-1 Intestate succession
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Descent and distribution generally, §§53-2-1 to 53-2-51. Inventory, §§53-7-30 to 53-7-34. Investments. General provisions, §§53-8-1 to 53-8-5. Missing persons and persons believed to be dead. Administration of estates, §§53-9-1 to 53-9-8, 53-9-20. Date of presumed death, §53-9-1.…
O.C.G.A. § 53-2-2 Effect of decree of adoption
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Reserved. Repealed by Ga. L. 1997, p. 1352, § 3, effective January 1, 1998. Editor’s notes. — This Code section, enacted by Ga. L. 1996, p. 504, § 10, was to become effective January 1, 1998, but was repealed and reserved by Ga. L. 1997, p. 1352, § 3.
O.C.G.A. § 53-2-20 Jurisdiction of probate or superior court
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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…
O.C.G.A. § 53-2-21 Filing of petition
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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…
O.C.G.A. § 53-2-22 Petition by person claiming to be heir or distributee
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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…
O.C.G.A. § 53-2-23 Superior court procedure
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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 …
O.C.G.A. § 53-2-24 Probate court procedure
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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…
O.C.G.A. § 53-2-25 Former Code Sec
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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 …
O.C.G.A. § 53-2-26 Effect of findings of court
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In the absence of fraud, the findings of the superior court or the probate court shall be binding and conclusive as to every person and as to every issue decided. History. — Code 1981, § 53-2-26, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries over paragraph (a)…
O.C.G.A. § 53-2-27 DNA testing for kinship; procedure; costs
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(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…
O.C.G.A. § 53-2-3 Inheritance by children born out of wedlock
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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 …
O.C.G.A. § 53-2-30 Authority of administrator; method of distribution provided for in will
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(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…
O.C.G.A. § 53-2-32 Authority of administrator, §53-2-30
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Manner of distribution as provided for in will, §53-2-30. Orders of probate court, §53-2-32. Petition in probate court, §53-2-31. Probate court orders, §53-2-32. Pro rata distribution, §53-2-31. Judicial determination of heirs and interests, §§53-2-20 to 53-2-27. Conclusiveness o…
O.C.G.A. § 53-2-4 Inheritance from children born out of wedlock
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(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…
O.C.G.A. § 53-2-40 Petition
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(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 …
O.C.G.A. § 53-2-41 Issuance of citation and order; objections
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(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,…
O.C.G.A. § 53-2-42 Right of action by creditor
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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…
O.C.G.A. § 53-2-5 Children conceived by artificial insemination
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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…
O.C.G.A. § 53-2-50 Definition
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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…
O.C.G.A. § 53-2-51 Procedure
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(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…
O.C.G.A. § 53-2-7 Vesting of title to property; right to possession
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(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 …
O.C.G.A. § 53-2-8 SWIMMING AREAS
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Boating safety area, §52-7-13. Boat speed restrictions, §52-7-14. Operation adjacent to, §52-7-18. Personal watercraft. Speed restrictions when operating adjacent to, §52-7-8.2. T TAXATION. Canal companies. Subject to taxes, §52-4-16. Exemptions from taxation. Georgia ports autho…
O.C.G.A. § 53-3-1 Preference and entitlement
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(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…
O.C.G.A. § 53-3-10 Real property
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Awarding interest in, §53-3-11. Vesting of title to property set apart, §53-3-9. 1057 INDEX TODS. Transfer on death security registration, §§53-5-60 to 53-5-71. TOILETS. Marine toilets. Defined, §52-7-3. Portable marine toilets. Defined, §52-7-3. Protected freshwaters. Use of vesse…
O.C.G.A. § 53-3-11 Awarding interest in real property
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(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…
O.C.G.A. § 53-3-12 Fees
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(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 …
O.C.G.A. § 53-3-13 CONVICTED FELONS
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Wills. Testamentary capacities, §53-4-10. COPYRIGHTS. Principal and income act. Allocation of receipts from, §53-12-426. CORPORATIONS. Canal companies. General provisions, §§52-4-1 to 52-4-16. CORPORATIONS —Cont’d Decedents’ estates. Executors and administrators. Compensation to …
O.C.G.A. § 53-3-16 RECIPROCITY
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Pilots and pilotage. Port of St. Marys and tributaries of St. Marys river. Reciprocal pilotage, §52-6-11. RECORDATION. Deeds. Deed to acquire beneficial interest in property. Deed creating estate, §53-12-152. RECORDATION —Cont’d Deed to acquire beneficial interest in property. Deed…
O.C.G.A. § 53-3-17 Personal property subject to mortgage or other security interest
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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…
O.C.G.A. § 53-3-18 Landlord’s lien on crops
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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…
O.C.G.A. § 53-3-19 ENDANGERING CHILD
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Boats and other watercraft. Person transporting child in watercraft while under influence of alcohol or drugs, §52-7-12. DRUNKENNESS. Pilots, §52-6-37. ENGINE CUTOFF SWITCH. Personal watercraft, requirement, §52-7-8.2. E ELBA ISLAND. Boating safety zones for maritime and homeland …
O.C.G.A. § 53-3-2 Fees, §53-3-12
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Filing of petition, §53-3-5. Final illness expenses. Effect on determination of solvency of estate, §53-3-7. Funeral expenses. Effect on determination of solvency of estate, §53-3-7. Hearing, §53-3-7. Issuance of citation, §53-3-6. Lien created by surviving spouse or guardian, §5…
O.C.G.A. § 53-3-21 Appointment of temporary administrator
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If there is no personal representative of the decedent’s estate, the probate court may appoint a temporary administrator as provided in Code Section 53-6-30 to perform the duties of a personal representative under subsection (b) of Code Section 53-3-7 or under subsection (b) of C…
O.C.G.A. § 53-3-3 Provision in will in lieu of support; election
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A testator by will may make provision for the spouse in lieu of year’s support, in which case the surviving spouse must make an election. History. — Code 1981, § 53-3-3, enacted by Ga. L. 1996, p. 504, § 10. COMMENT This section carries forward former OCGA Sec. 53-5-5.
O.C.G.A. § 53-3-5 Filing of petition
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(a) Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in behalf of the surviving spouse or in behalf of a minor child may file a petition for year’s support in the probate court having jurisdiction ov…
O.C.G.A. § 53-3-6 Real property
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Awarding of interest in, §53-3-11. 1089 INDEX YEAR’S SUPPORT —Cont’d Real property —Cont’d Option to purchase or contract to sell, §53-3-14. Subject to purchase money mortgage, §53-3-16. Taxes, §53-3-4.
O.C.G.A. § 53-3-7 Hearing and determination
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(a) If no objection is made after the publication of the notice, or, if made, is disallowed or withdrawn, the probate court shall enter an order setting apart as year’s support the property applied for in the petition. (b) If objection is made, the probate court shall hear the pe…