reglab/housing_qa huggingface dataset:
GA Code § 53-4-73 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-73. Disposition of Heart Pacemakers

  Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by will of a heart pacemaker implanted within the individual, such disposition to be made at death. If the sale is by will, it shall be effective without probate.   When individuals in prior classes are not available at the time of death of an individual having a heart pacemaker and in the absence of a disposition contract or will, actual notice of contrary indications by the decedent, and actual opposition by a member of the same or a prior class, any of the following individuals, in order of priority stated, may sell the heart pacemaker:   The spouse;   An adult son or daughter;   Either parent;   An adult brother or sister;   A guardian of the person of the decedent at the time of the decedent's death other than a guardian ad litem appointed for such purpose; or   Any other person authorized or under obligation to dispose of the body.     If a buyer has actual notice of contrary indications by the decedent or actual notice that a sale by a member of a class is opposed by a member of the same or a prior class, no valid sale may be made. The persons authorized by subsection (b) of this Code section may make the sale only after the time of death of the individual having the heart pacemaker.   Unless otherwise provided in a will or contract, all proceeds from sales under this Code section shall be added to the estate of the decedent.   Sales of pacemakers under this Code section shall be subject to:   Medical acceptability of the heart pacemaker for reuse; and   The laws of this state relating to autopsies.     This Code section shall not apply to the sale or gift of a nuclear-powered pacemaker.     (Code 1981, §53-4-73, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Persons authorized to receive donations of heart pacemakers, § 31-1-6.    Anatomical gifts, § 44-5-140 et seq.    Post-mortem examinations, § 45-16-20 et seq.
GA Code § 53-4-74 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-74. Pecuniary Marital Deduction Testamentary Gift or Transfer

  As used in this Code section, the term "marital deduction testamentary gift or transfer" means a testamentary gift or transfer of assets, including cash, which qualifies for the federal estate tax marital deduction.   Where a will or trust agreement authorizes or requires an executor, administrator, or trustee to satisfy a pecuniary marital deduction testamentary gift or transfer wholly or partly by a distribution of assets in kind at values which are finally determined for federal estate tax purposes or at values which are determined by reference to such federal estate tax valuation, the executor, administrator, or trustee, in satisfaction of the pecuniary marital deduction bequest or transfer, shall distribute assets, including cash, which shall have an aggregate fair market value fairly representative of the distributee's proportionate share of the appreciation or depreciation, from the date or dates of federal estate tax valuation to the date or dates of distribution in satisfaction of the pecuniary marital deduction bequest or transfer.     (Code 1981, §53-4-74, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For note, "Advantages and Disadvantages of Intestate Death for Married Persons with an Estate of $120,000 or Less," see 9 Ga. St. B.J. 102 (1972).
GA Code § 53-4-75 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 6 - Construction of Will; Testamentary Gifts|§ 53-4-75. Construction of Wills and Trust Instruments Referring to Federal Estate and Generation-Skipping Transfer Tax Laws

 Repealed by Ga. L. 2020, p. 377, § 1-16/HB 865, effective January 1, 2021.    (Code 1981, §53-4-75, enacted by Ga. L. 2010, p. 552, § 1/SB 461.)   Editor's notes.   - This Code section was based on Code 1981, § 53-4-75, enacted by Ga. L. 2010, p. 552, § 1/SB 461.
GA Code § 53-5-1 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 1 - General Provisions|§ 53-5-1. Jurisdiction and Domicile

  The probate court shall have exclusive jurisdiction over the probate of wills.   The county of domicile of the testator at death shall give jurisdiction to the probate court of that county.   The domicile of a testator who was in the care of a nursing home or other similar facility at the time of death shall be presumed to be the county in which the testator was domiciled immediately before entering the nursing home or other facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that the testator considered or, in the absence of an impairment of mental faculties, the testator would have considered the county in which the facility is located to be the testator's domicile, then for purposes of this Code section that county shall be considered the testator's county of domicile.     (Code 1981, §53-5-1, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Probate courts generally, T. 15, C. 9.    Jurisdiction of judge of probate court to grant administration on estates, § 15-9-31.   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 748, 751.   C.J.S.   - 95 C.J.S., Wills, § 525.   ALR.    - Jurisdiction in proceeding for probate of will to adjudicate as to other will not offered for probate, 119 A.L.R. 1099.
GA Code § 53-5-2 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 1 - General Provisions|§ 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).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 776.   C.J.S.   - 95 C.J.S., Wills, § 468.   ALR.    - Necessity of allegations that contestant of will is an interested party, 117 A.L.R. 1455.   Statutes dealing with existing intestate administration, upon discovery of will, 65 A.L.R.2d 1201.
GA Code § 53-5-3 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 1 - General Provisions|§ 53-5-3. Time Limitation

  As used in this Code section, the term "will" includes a codicil.   A will shall not be offered for probate following the expiration of five years from the earlier of:   The latest date on which a petition is filed for the appointment of a personal representative of the decedent's estate, an order that no administration is necessary on the decedent's estate, or the probate of a different will; or   The date of entry of a final order granting any petition of the sort described in paragraph (1) of this subsection that remains in continuing force and effect.     The offering of a will for probate following the entry of an order of the sort described in paragraph (2) of subsection (b) of this Code section shall constitute a claim against a decedent's estate that arose before the death of the decedent for purposes of Code Section 9-3-36.     (Code 1981, §53-5-3, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 8; Ga. L. 2008, p. 715, § 9/SB 508; Ga. L. 2020, p. 377, § 1-18/HB 865.)    The 2020 amendment,  effective January 1, 2021, added subsection (a); redesignated and rewrote the previously existing provisions as subsection (b), which read: "A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for:   "(1) The appointment of a personal representative of the decedent's estate; or   "(2) An order that no administration is necessary on the decedent's estate;   "provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002."; and added subsection (c).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2008, in paragraph (1), "or" was added at the end; and, in paragraph (2), "or" was deleted preceding "An order".   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997). For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).
GA Code § 53-5-4 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 1 - General Provisions|§ 53-5-4. Recovery of Property From Bona Fide Purchaser for Value

 An executor acting under or any person claiming under a will offered for probate within the period described in Code Section 53-5-3 shall be permitted to recover from a bona fide purchaser for value:    Property acquired from the heirs of the testator or anyone claiming through them, unless an order that no administration is necessary was entered prior to the purchase and the purchase occurred prior to the probate of the will;   Property set aside in a year's support proceeding and acquired from the spouse or children of the testator or anyone claiming through them, unless the order granting year's support was entered prior to the purchase and the purchase occurred prior to the probate of the will; and   Property acquired from the administrator of the testator's estate or the heirs of the testator or anyone claiming through them, unless the administrator was qualified prior to the purchase and the purchase occurred prior to the probate of the will.     (Code 1981, §53-5-4, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-5-5 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 1 - General Provisions|§ 53-5-5. Duty to File Will

 A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.    (Code 1981, §53-5-5, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 730 et seq. 80 Am. Jur. 2d, Wills, §§ 968, 975.   C.J.S.   - 95 C.J.S., Wills, §§ 453 et seq., 468.   ALR.    - Constitutionality, construction, and application of statute requiring production of wills for probate or declaring consequences of failure or delay in that regard, 119 A.L.R. 1259.    Duty and obligation assumed by trust company or other person to which will is delivered for safekeeping, 141 A.L.R. 1277.
GA Code § 53-5-6 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 1 - General Provisions|§ 53-5-6. Admission of Executor Before Qualification or of a Beneficiary

 On the investigation of an issue of devisavit vel non, the admission of an executor before qualification or of a beneficiary, other than a sole beneficiary, shall not be admissible in evidence to impeach the will except where the admission is in reference to the conduct or acts of the executor or beneficiary concerning some matter relevant to the issue.    (Code 1981, §53-5-6, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 1230, 1231. 79 Am. Jur. 2d, Wills, §§ 425, 441, 445 et seq.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 942. 95 C.J.S., Wills, § 601.
GA Code § 53-5-7 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 1 - General Provisions|§ 53-5-7. Proof of Codicil

 If a codicil republished a will except as to any amendment contained in the codicil and clearly identified the will that was republished, proof of the codicil is proof of the will.    (Code 1981, §53-5-7, enacted by Ga. L. 1997, p. 1352, § 9.)   Law reviews.   - For article commenting on the enactment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Pleading and Practice
GA Code § 53-5-15 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 2 - Common Form|§ 53-5-15. Common or Solemn Form

 Probate of a will may be in common form or in solemn form or both.    (Code 1981, §53-5-15, enacted by Ga. L. 1996, p. 504, § 10.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 113-601, are included in the annotations for this Code section.    Probate in common form may be accomplished without notice to anyone  but such probate and record is not conclusive upon anyone interested in the estate adversely to the will. 1954-56 Op. Att'y Gen. p. 916 (decided under former Code 1933, § 113-601).
GA Code § 53-5-16 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 2 - Common Form|§ 53-5-16. Conclusiveness; Persons Protected if Set Aside

  The probate of a will in common form is not conclusive upon anyone interested in the estate adversely to the will except as provided in Code Section 53-5-19.   If set aside, probate of a will in common form does not protect the executor in any acts beyond the executor's normal duties of collecting and preserving assets of the estate and paying the debts of the estate. Bona fide purchasers without notice under legally made sales from the executor will be protected.     (Code 1981, §53-5-16, enacted by Ga. L. 1996, p. 504, § 10.)   Law reviews.   - For article discussing methods of summary distribution and settlement of decedent's estate, see 6 Ga. L. Rev. 74 (1971).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 113-601, are included in the annotations for this Code section.    Probate in common form may be accomplished without notice to anyone  but such probate and record is not conclusive upon anyone interested in the estate adversely to the will. 1954-56 Op. Att'y Gen. p. 916 (decided under former Code 1933, § 113-601).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 735, 736.   C.J.S.   - 33 C.J.S., Executors and Administrators, § 293. 95 C.J.S., Wills, §§ 447 et seq., 472, 473, 536, 537. 96 C.J.S., Wills, § 785.   ALR.    - Order or decree of distribution of decedent's estate as protection of executor or administrator against claims of one not named therein who was entitled to a share of the estate, 106 A.L.R. 817.
GA Code § 53-5-17 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 2 - Common Form|§ 53-5-17. Procedure

  A will may be proved in common form upon the testimony of a single subscribing witness and without service or notice to anyone. If the will is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed without the testimony of any subscribing witness.   The petition to probate a will in common form shall set forth the same information required in a petition to probate a will in solemn form. The petition shall conclude with a prayer for the issuance of letters testamentary.     (Code 1981, §53-5-17, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-19/HB 865.)    The 2020 amendment,  effective January 1, 2021, inserted "service or" in the first sentence in subsection (a).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 113-601, are included in the annotations for this Code section.    Probate in common form may be accomplished without notice to anyone  but such probate and record is not conclusive upon anyone interested in the estate adversely to the will. 1954-56 Op. Att'y Gen. p. 916 (decided under former Code 1933, § 113-601).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 735, 736.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 378 et seq. 95 C.J.S., Wills, §§ 447 et seq, 472, 473, 536, 537. 96 C.J.S., Wills, § 785.   ALR.    - Order or decree of distribution of decedent's estate as protection of executor or administrator against claims of one not named therein who was entitled to a share of the estate, 106 A.L.R. 817.
GA Code § 53-5-18 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 2 - Common Form|§ 53-5-18. Court Order

 The order to probate a will in common form may be granted by the probate court at any time.    (Code 1981, §53-5-18, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   C.J.S.   - 95 C.J.S., Wills, § 447 et seq.
GA Code § 53-5-19 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 2 - Common Form|§ 53-5-19. When Conclusive Upon Parties in Interest

 Probate in common form shall become conclusive upon all parties in interest four years from the date the order admitting such will to probate in common form is entered by the court in such proceeding, except upon minor heirs who require proof in solemn form and interpose a caveat within four years after reaching the age of majority. In such case, if the will is refused probate in solemn form and no prior will is admitted to probate, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by the lapse of time.    (Code 1981, §53-5-19, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-20/HB 865.)    The 2020 amendment,  effective January 1, 2021, substituted "date the order admitting such will to probate in common form is entered by the court in such proceeding" for "time of probate" in the first sentence of this Code section.   RESEARCH REFERENCES   C.J.S.   - 95 C.J.S., Wills, § 800 et seq.   ALR.   - Statute limiting time for probate of will as applicable to will probated in another jurisdiction, 87 A.L.R.2d 721.
GA Code § 53-5-23 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 4 - Witnesses; Settlement Agreement; Expenses|§ 53-5-23. Methods of Examining Witnesses; Photocopy of Will

  In all proceedings for the probate of a will in common form or solemn form, witnesses to the will may be examined in person or by written interrogatories which shall be answered in writing and under oath before a notary public or by depositions or other discovery procedures under the same circumstances as other civil cases. The probate court shall have the power to compel the attendance of witnesses in the same manner as the superior court.   Where witnesses are to be examined as authorized by this Code section, a photocopy of the will may be exhibited to the witnesses in lieu of the original will. The testimony of a witness to whom a photocopy of a will has been exhibited shall be given the same weight as though the original will had been exhibited to the witness.   The provisions of this Code section shall not be construed as repealing any other statutory provision prescribing a method or procedure for the taking of testimony by interrogatories or depositions, but as supplementary of such other provisions and cumulative to such other provisions and as providing additional means or methods of taking the testimony of subscribing witnesses to a will in proceedings for the probate of the will. The taking or procuring of testimony in the manner prescribed by this Code section shall be sufficient for all purposes of the probate proceedings, notwithstanding any other statute.     (Code 1981, §53-5-23, enacted by Ga. L. 1996, p. 504, § 10.)   Cross references.   - Interrogatories generally, § 9-11-33.   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 21. 80 Am. Jur. 2d, Wills, §§ 829, 880, 881.   C.J.S.   - 95 C.J.S., Wills, §§ 461 et seq., 593, 595, 661 et seq., 668 et seq.   ALR.   - Admissibility in evidence of enlarged photographs or photostatic copies, 72 A.L.R.2d 308.
GA Code § 53-5-24 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 4 - Witnesses; Settlement Agreement; Expenses|§ 53-5-24. Unavailability of Subscribing Witnesses

 When it appears that a will cannot be proved as otherwise provided by law because at the time the will is offered for probate one or more of the subscribing witnesses to the will is dead or mentally or physically incapable of testifying or otherwise inaccessible, the court may admit the will to probate in common or solemn form upon the testimony in person or by affidavit or by deposition of at least two credible disinterested witnesses that the signature to the will is that of the individual whose will it purports to be or upon other sufficient proof of such signature. This Code section shall not preclude the court, in its discretion, from requiring, in addition, the testimony in person or by deposition of any available subscribing witness or proof of such other pertinent facts and circumstances as the court may deem necessary to admit the will to probate.    (Code 1981, §53-5-24, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 80 Am. Jur. 2d, Wills, § 853.   C.J.S.   - 95 C.J.S., Wills, §§ 616 et seq., 626, 661 et seq.