Georgia § 53-3-8 - Minor children by individuals other than surviving spouse.
Full text of Georgia Official Code of Georgia Annotated § 53-3-8 — Minor children by individuals other than surviving spouse., with citation guidance and answers to common questions.
§ 53-3-8. Minor children by individuals other than surviving spouse.
If the decedent leaves a minor child or minor children by an individual or individuals other than the surviving spouse, the probate court shall specify the portion going to the minor child or minor children of such individual or individuals, and the portion so specified shall vest in that child or those children. If the decedent leaves one or more minor children and the surviving spouse is the parent of all such minor children, the probate court may in its discretion specify separate portions for such minor children and the surviving spouse if the court deems the award of separate portions to be in the best interests of the parties, and the portions so specified shall vest separately in the surviving spouse and such minor children. If the decedent leaves one or more minor children for whom the probate court specifies separate portions under subsection (a) or (b) of this Code section, personal property in the portions so specified shall be delivered and received in compliance with Code Section 29-3-1 . (Code 1981, § 53-3-8 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 6; Ga. L. 2020, p. 377, § 1-9/HB 865.) The 2020 amendment, effective January 1, 2021, in subsection (a), inserted "a minor child or", substituted "an individual or individuals other than the surviving spouse" for "different spouses", inserted "minor child or minor", substituted "such individual or individuals, and the portion so specified" for "the former spouse or spouses, which portion", and inserted "that child or"; in subsection (b), inserted "one or more", substituted "parent of all such" for "parent of the", substituted "portions for such" for "portions for the", inserted "so specified", and substituted "spouse and such minor" for "spouse and the"; and added subsection (c). Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 53-3-8
What does Official Code of Georgia Annotated § 53-3-8 cover?
Section 53-3-8 ("Minor children by individuals other than surviving spouse.") 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 § 53-3-8?
A common citation format is "Official Code of Georgia Annotated § 53-3-8" (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 § 53-3-8 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.