Georgia § 53-5-2 - Right to offer will for probate; "interested person" defined.
Full text of Georgia Official Code of Georgia Annotated § 53-5-2 — Right to offer will for probate; "interested person" defined., with citation guidance and answers to common questions.
§ 53-5-2. Right to offer will for probate; "interested person" defined.
As used in this Code section, the term "interested person" shall include, but shall not necessarily be limited to, any heir of the decedent; legatee, devisee, or beneficiary under the will; creditor of the decedent; purchaser from an heir of the decedent; administrator or temporary administrator appointed for the estate of the decedent prior to the discovery of the will; trustee or beneficiary of a testamentary trust established by the will or of a trust to which the will makes a devise or bequest; and individual making a claim under, or having standing to caveat to the probate of, an earlier will. An agent, conservator, guardian, guardian ad litem, or other fiduciary or appropriate representative of such an interested person may act on such interested person's behalf. The right to offer a will for probate shall belong to the executor, if one is named. If for any reason the executor fails to offer the will for probate with reasonable promptness, or if no executor is named, any interested person may offer the will for probate. (Code 1981, § 53-5-2 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2018, p. 356, § 3-1/SB 436; Ga. L. 2020, p. 377, § 1-17/HB 865.) The 2020 amendment, effective January 1, 2021, inserted subsection (a); redesignated the existing provisions as subsection (b); and, in subsection (b), deleted the last sentence, which read: "As used in this Code section, the term 'interested person' shall include, but shall not be limited to, any legatee, devisee, creditor of the decedent, purchaser from an heir of the decedent, an administrator appointed for the decedent prior to the discovery of the will, and any individual making a claim under an earlier will". Law reviews. - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 53-5-2
What does Official Code of Georgia Annotated § 53-5-2 cover?
Section 53-5-2 ("Right to offer will for probate; "interested person" defined.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 53-5-2?
A common citation format is "Official Code of Georgia Annotated § 53-5-2" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 53-5-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.