Georgia Code — 53
Browse 482 sections in division 53 of the Georgia code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 53-1-1. Short title; effective date of provisions.
- § 53-1-2. Definitions.
- § 53-1-3. Dower and tenancy by curtesy.
- § 53-1-4. Effect on support obligation of use of income from estate or trust for support.
- § 53-1-5. Right of individual who feloniously and intentionally kills or conspires to kill to inherit.
- § 53-1-6. Payment to surviving spouse of state or federal income tax overpayments.
- § 53-1-7. Surviving spouse under the age of 18 years.
- § 53-1-8. Adopted individuals.
- § 53-1-9. Survival of common law and equity.
- § 53-1-10. Lifetime transfers.
- § 53-1-11. Value.
- § 53-1-12. Manner of taking into account.
- § 53-1-13. Consideration of satisfaction or advancement when recipient predeceases transferor.
- § 53-1-20. Renouncing property; procedures; relation back; abridgement; fiduciary duties.
- § 53-2-1. Rules of inheritance when decedent dies without will; effect of abandonment of child.
- § 53-2-2. Effect of decree of adoption.
- § 53-2-3. Inheritance by children born out of wedlock.
- § 53-2-4. Inheritance from children born out of wedlock.
- § 53-2-5. Children conceived by artificial insemination.
- § 53-2-6. Individual related to decedent through two or more lines of relationship.
- § 53-2-7. Vesting of title to property; right to possession.
- § 53-2-8. Death intestate, and without ascertainable heirs, of spouse of intestate decedent.
- § 53-2-20. Jurisdiction of probate or superior court.
- § 53-2-21. Filing of petition.
- § 53-2-22. Petition by person claiming to be heir or distributee.
- § 53-2-23. Superior court procedure.
- § 53-2-24. Probate court procedure.
- § 53-2-25. Intervention by person claiming to be heir or distributee.
- § 53-2-26. Effect of findings of court.
- § 53-2-27. DNA testing for kinship; procedure; costs.
- § 53-2-30. Authority of administrator; method of distribution provided for in will.
- § 53-2-31. Petition in probate court; distribution in kind not pro rata.
- § 53-2-32. Order of probate court.
- § 53-2-40. Petition.
- § 53-2-41. Issuance of citation and order; objections.
- § 53-2-42. Right of action by creditor.
- § 53-2-50. Definition.
- § 53-2-51. Procedure.
- § 53-3-1. Preference and entitlement.
- § 53-3-2. Events barring right to support.
- § 53-3-3. Provision in will in lieu of support; election.
- § 53-3-4. "Homestead" defined; taxes and tax liens.
- § 53-3-5. Filing of petition.
- § 53-3-6. Issuance of citation and publication of notice; mailing of petition to tax commissioner.
- § 53-3-7. Hearing and determination.
- § 53-3-8. Minor children by individuals other than surviving spouse.
- § 53-3-9. Vesting of title to property set apart.
- § 53-3-10. Property inside or outside county.
- § 53-3-11. Awarding interest in real property.
- § 53-3-12. Fees.
- § 53-3-13. Sale or conveyance of property by personal representative or temporary administrator prior to award.
- § 53-3-14. Real property subject to option to purchase or contract to sell.
- § 53-3-15. Conveyance, contract, or lien made by surviving spouse or guardian.
- § 53-3-16. Real property subject to purchase money mortgage.
- § 53-3-17. Personal property subject to mortgage or other security interest.
- § 53-3-18. Landlord's lien on crops.
- § 53-3-19. Conveyance or encumbrance by surviving spouse of property set aside; effect.
- § 53-3-20. Conveyance or encumbrance by surviving spouse of property set aside; approval of probate court.
- § 53-3-21. Appointment of temporary administrator.
- § 53-4-1. Power of testator.
- § 53-4-2. When will takes effect.
- § 53-4-3. Determination whether instrument is will.
- § 53-4-4. Incorporation of extrinsic documents into will.
- § 53-4-5. Written statement or list disposing of items of tangible personal property.
- § 53-4-10. Minimum age; conviction of crime.
- § 53-4-11. Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity.
- § 53-4-12. Freedom of volition.
- § 53-4-20. Required writing; signing; witnesses; codicil.
- § 53-4-21. Knowledge of contents of will by testator.
- § 53-4-22. Competency of witness.
- § 53-4-23. Testamentary gift to witness or witness's spouse.
- § 53-4-24. Self-proved will or codicil.
- § 53-4-30. Contract concerning succession.
- § 53-4-31. Definitions.
- § 53-4-32. Effect of execution.
- § 53-4-33. Revocation.
- § 53-4-40. Power of testator.
- § 53-4-41. Intent.
- § 53-4-42. Express or implied revocation.
- § 53-4-43. Subsequent will or other written instrument.
- § 53-4-44. Destruction or obliteration of will or material portion thereof.
- § 53-4-45. Revival or republication of previous will.
- § 53-4-46. Presumption of intent.
- § 53-4-47. Effect of implied revocation.
- § 53-4-48. Effect of testator's marriage, or birth or adoption of child; provision in will for class of children.
- § 53-4-49. Effect of testator's divorce, annulment, or remarriage to former spouse.
- § 53-4-50. Republication of revoked will.
- § 53-4-55. Construction of wills; intention of testator.
- § 53-4-56. Construction of wills; parole evidence.
- § 53-4-57. Partial illegality of will.
- § 53-4-58. Failure to provide for living child believed dead.
- § 53-4-59. Specific, demonstrative, general, or residuary testamentary gifts.
- § 53-4-60. Income, profit, or increase of specific testamentary gifts.
- § 53-4-61. Time at which general or demonstrative testamentary gift bears interest.
- § 53-4-62. Testamentary gift to charity.
- § 53-4-63. Payment of debts of testator and expenses of estate administrator.
- § 53-4-64. Death of beneficiary before will executed or before death of testator.
- § 53-4-65. Disposition of lapsed or void testamentary gift of residuum.
- § 53-4-66. Ademption or destruction of specific testamentary gift.
- § 53-4-67. Exchange, loss, theft, destruction, or condemnation of testamentary gift.
- § 53-4-68. Conditions that are impossible, illegal, or against public policy; conditions in terrorem.
- § 53-4-69. Election by beneficiary with claim adverse to will.
- § 53-4-70. Election by beneficiary owning testamentary gift of property.
- § 53-4-71. Compensation to defeated beneficiary electing against will.
- § 53-4-72. Passing of after-acquired property.
- § 53-4-73. Disposition of heart pacemakers.
- § 53-4-74. Pecuniary marital deduction testamentary gift or transfer.
- § 53-4-75. Construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws.
- § 53-5-1. Jurisdiction and domicile.
- § 53-5-2. Right to offer will for probate; "interested person" defined.
- § 53-5-3. Time limitation.
- § 53-5-4. Recovery of property from bona fide purchaser for value.
- § 53-5-5. Duty to file will.
- § 53-5-6. Admission of executor before qualification or of a beneficiary.
- § 53-5-7. Proof of codicil.
- § 53-5-15. Common or solemn form.
- § 53-5-16. Conclusiveness; persons protected if set aside.
- § 53-5-17. Procedure.
- § 53-5-18. Court order.
- § 53-5-19. When conclusive upon parties in interest.
- § 53-5-20. Conclusiveness.
- § 53-5-21. Procedure.
- § 53-5-22. Service of notice.
- § 53-5-23. Methods of examining witnesses; photocopy of will.
- § 53-5-24. Unavailability of subscribing witnesses.
- § 53-5-25. Settlement agreement.
- § 53-5-26. Persons entitled to recover expenses.
- § 53-5-27. Nonjudicial settlement agreement.
- § 53-5-30. Definitions.
- § 53-5-31. Requisites for admission to probate.
- § 53-5-32. Effect of admission to probate.
- § 53-5-33. Requisites for admission to ancillary probate.
- § 53-5-34. Effect of admission to ancillary probate.
- § 53-5-35. Muniments of title to realty.
- § 53-5-36. Jurisdiction.
- § 53-5-37. Qualification of executor or administrator.
- § 53-5-38. Distribution of intestate nondomiciliary's real property.
- § 53-5-39. Appointment of administrator of intestate nondomiciliary's estate.
- § 53-5-40. Notice given by ancillary personal representative.
- § 53-5-41. Laws or court orders governing administration of estate by ancillary personal representative.
- § 53-5-42. Powers.
- § 53-5-43. Evidence of authority.
- § 53-5-44. Application to protect interest in property.
- § 53-5-45. Jurisdiction.
- § 53-5-46. Service of process.
- § 53-5-47. Effect of adjudication.
- § 53-5-50. Original jurisdiction; petition and pleading requirements.
- § 53-5-51. Contents of petition; service of notice; issuance of relief.
- § 53-5-52. Time limitation; filing of petition constitutes claim against estate.
- § 53-5-53. Applicability of article.
- § 53-5-60. Short title.
- § 53-5-61. Definitions.
- § 53-5-62. Ownership of a security.
- § 53-5-63. Authorization of beneficiary form.
- § 53-5-64. Registration of a beneficiary form.
- § 53-5-65. Words used in beneficiary form.
- § 53-5-66. Designation of transfer in beneficiary form.
- § 53-5-67. Ownership of registered security after death.
- § 53-5-68. Duties of registering entity; implementation of registration; applicability of Code Section 53-5-67; protective effect.
- § 53-5-69. Effect of beneficiary form.
- § 53-5-70. Terms and conditions of beneficiary form; illustrations.
- § 53-5-71. Applicability of article.
- § 53-6-1. Eligibility.
- § 53-6-2. Executor de son tort.
- § 53-6-10. Nomination by testator.
- § 53-6-11. Qualification.
- § 53-6-12. Declination.
- § 53-6-13. Appointment by court.
- § 53-6-14. Selection by beneficiaries.
- § 53-6-15. Petition for letters of administration with will annexed.
- § 53-6-16. Oath or affirmation of executor and administrator with will annexed.
- § 53-6-20. Selection or appointment of administrator.
- § 53-6-21. Petition to court; contents.
- § 53-6-22. Notice.
- § 53-6-23. Issuance.
- § 53-6-24. Oath or affirmation of administrator.
- § 53-6-30. Power of court; appointment of administrator; appeal.
- § 53-6-31. Power of administrator.
- § 53-6-32. Oath or affirmation of temporary administrator.
- § 53-6-35. Appointment.
- § 53-6-36. Qualifications and compensation.
- § 53-6-37. Term; vacancies; discharge of duties after expiration of term or removal from office; resignation.
- § 53-6-38. Administration of unrepresented estate by county administrator.
- § 53-6-39. Administration or unrepresented estate by clerk of superior court.
- § 53-6-40. Separate letters of administration; governing law; appointment for sole purpose of commencing or continuing lawsuit against estate.
- § 53-6-41. Bond.
- § 53-6-42. Power of court to revoke letters of administration, require additional security, or pass other order.
- § 53-6-43. Proceedings to require additional security.
- § 53-6-44. Settlement of estate without administration.
- § 53-6-50. Persons required to give.
- § 53-6-51. Requisites.
- § 53-6-52. Reduction.
- § 53-6-53. Personal representative qualified to serve without, or not otherwise legally required to give, bond.
- § 53-6-54. Recordation and custody.
- § 53-6-60. Amount.
- § 53-6-61. Expenses.
- § 53-6-62. Extra compensation.
- § 53-6-63. Compensation from business enterprise.
- § 53-6-64. Compensation to temporary administrator.
- § 53-7-1. General powers and duties of personal representative; additional powers.
- § 53-7-2. Administration of entire estate; distribution of residuum.
- § 53-7-3. Powers and immunities of administrator with will annexed.
- § 53-7-4. Powers of temporary administrators pending appointment of personal representative and executors pending litigation of caveats to wills.
- § 53-7-5. Powers, duties, and liabilities if more than one personal representative; safe deposit boxes or receptacles.
- § 53-7-6. Power to borrow money, make and fulfill contracts, provide legal counsel, continue decedent's business, and perform other acts.
- § 53-7-7. Disposition of income received during administration.
- § 53-7-8. Support and education of minor heirs and beneficiaries without conservators.
- § 53-7-10. Allowable defenses; generally.
- § 53-7-11. Allowable defenses; action originating in lifetime of decedent.
- § 53-7-12. Survival of action.
- § 53-7-13. Service of notice, writ, or process.
- § 53-7-14. Action against removed personal administrator.
- § 53-7-16. Joint and several liability of personal representative and sureties.
- § 53-7-17. Liability on common bond of two or more personal representatives.
- § 53-7-18. Liability of sureties on bond of removed personal representative.
- § 53-7-19. Action on bond for failure to settle and account with heir or beneficiary.
- § 53-7-20. Action on bond upon liability of decedent and return of execution marked nulla bona.
- § 53-7-21. Against what property judgment levied.
- § 53-7-22. Levy upon property; entering of judgment and issuance of execution.
- § 53-7-23. Property upon which execution levied.
- § 53-7-30. Filing and contents.
- § 53-7-31. Making of inventory jointly by all personal representatives; proof of joint possession of assets.
- § 53-7-32. Waiver of right to receive; relieving personal representative of duty to make.
- § 53-7-33. Power of testator to dispense with making inventory.
- § 53-7-34. Failure to return a correct inventory.
- § 53-7-40. Liability of estate; priority of claims.
- § 53-7-41. Notice for creditors to render accounts; notification of creditors' claims; requirement of reasonable additional proof or accounting; failure of creditors to give notice of claims.
- § 53-7-42. Time for payment of debts; time for commencing action to recover debt.
- § 53-7-43. Compelling heirs or beneficiaries to contribute to payment of debt.
- § 53-7-44. Satisfaction of debts.
- § 53-7-45. Compromise of claims.
- § 53-7-50. Petition by personal representative for discharge; citation and publication; hearing; subsequently discovered estate.
- § 53-7-51. Discharge when funds unclaimed.
- § 53-7-52. Discharge of temporary administrator.
- § 53-7-53. Discharge obtained by fraud.
- § 53-7-54. Breach of fiduciary duty.
- § 53-7-55. Revocation of letters of personal representative or other sanctions.
- § 53-7-56. Resignation.
- § 53-7-60. Jurisdiction.
- § 53-7-61. Filing of petition upon termination of personal representative.
- § 53-7-62. Appearance before court; failure of personal representative to appear; right to appeal.
- § 53-7-63. Making and enforcing final settlement.
- § 53-7-64. Accounting for income on property administered.
- § 53-7-65. Recordation of final receipts; admission in evidence.
- § 53-7-66. Refunding bonds.
- § 53-7-67. Required annual filing; reporting period.
- § 53-7-68. Mailing of return to heirs and beneficiaries; relieving personal representative of duty to file return.
- § 53-7-69. Power of testator to dispense with necessity of return.
- § 53-7-69. 1. Annual statement of receipts and disbursements.
- § 53-7-70. Examination and recordation of returns and vouchers; evidentiary effect.
- § 53-7-71. Return of nonresident or deceased personal representative.
- § 53-7-72. Docket of persons liable to make returns; failure to make returns.
- § 53-7-73. Filing and contents of intermediate report; notice to heirs and beneficiaries.
- § 53-7-74. Filing of objections to intermediate report; continuation of hearing; appeal.
- § 53-7-75. Construction of will by superior court.
- § 53-7-76. Judgment surcharging fiduciary.
- § 53-7-77. Conclusiveness of order on intermediate report.
- § 53-7-78. Taxing of costs.
- § 53-8-1. Authorized investments; standard of care; deviation from will or other disposition; investments by personal representative who is a bank or trust company.
- § 53-8-2. Real property.
- § 53-8-3. Securities, obligations, and interest-bearing deposits.
- § 53-8-4. Government obligations; standard of prudence; corporate fiduciaries.
- § 53-8-5. Retention of property by personal representative; corporate fiduciaries.
- § 53-8-10. Authority of personal representative; petition by temporary administrator.
- § 53-8-11. Property that is perishable, liable to deteriorate, or expensive to keep.
- § 53-8-12. Stocks or bonds.
- § 53-8-13. General procedures.
- § 53-8-14. Warranty; personal liability of personal representative.
- § 53-8-15. Passage of title to heirs or beneficiaries; assent of personal representative.
- § 53-9-1. Presumption or proof of death; presumption that missing person predeceased other deceased individual; perils or tragedies resulting in probable death.
- § 53-9-2. Filing and contents of petition; publication of citation.
- § 53-9-3. Hearing; finding of death.
- § 53-9-4. Issuance of letters or order.
- § 53-9-5. Revocation of letters upon proof that missing individual is alive.
- § 53-9-6. Recovery of property by missing individual.
- § 53-9-7. Distribution of assets.
- § 53-9-8. Probate court judges allowed to hold certain funds for missing heir or beneficiary under decedent's will.
- § 53-9-10. "Missing" defined; petition for conservator.
- § 53-9-11. Factors considered by court; qualifications.
- § 53-9-12. Contents of petition.
- § 53-9-13. Procedure on petition; laws applicable to, and oath and bond of, conservator.
- § 53-9-14. Report of conservator; court order.
- § 53-9-15. Termination of conservatorship.
- § 53-9-16. Final return; delivery of funds or property to personal representative.
- § 53-9-20. Presumption or proof of death.
- § 53-9-21. Appointment of conservator.
- § 53-10-1. Short title.
- § 53-10-2. Disposition of property upon simultaneous deaths where devolution depends on priority of death.
- § 53-10-3. Disposition of property upon simultaneous death of beneficiary and another individual where interest depends on survival.
- § 53-10-4. Disposition of property upon simultaneous death of joint owners.
- § 53-10-5. Applicability of chapter.
- § 53-10-6. Uniformity of law.
- § 53-11-1. Applicability of, and compliance with, provisions.
- § 53-11-2. "Guardian" defined; persons represented; appointment; successors; guardian named in petitions.
- § 53-11-3. Personal service; generally.
- § 53-11-4. Service of notice where person or residence unknown, or resides outside state.
- § 53-11-5. Additional service of citation or other notice.
- § 53-11-6. Waiver or acknowledgment of service of citation or other notice; consent to granting of relief or entry of order.
- § 53-11-7. Officers authorized to administer oath or affirmation or affidavit.
- § 53-11-8. Verification of petitions.