reglab/housing_qa huggingface dataset:
GA Code § 53-5-34 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 1 - General Provisions|§ 53-5-34. Effect of Admission to Ancillary Probate

 If a foreign will or an out-of-state will is admitted to ancillary probate in this state, the validity and terms of the will shall be given effect under the laws of the domiciliary jurisdiction.    (Code 1981, §53-5-34, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-5-35 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 1 - General Provisions|§ 53-5-35. Muniments of Title to Realty

  Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when:   Such a will is accompanied by properly authenticated copies of the record admitting the will to probate in another state, certified according to Code Section 24-9-922; and   The certified copy of such a will is recorded in the office of the clerk of the superior court in the county in which the real property is situated in the record in which deeds are recorded in this state.     This Code section shall apply to all cases in which real property is held or claimed under wills not probated in this state and to all actions brought to recover or protect real property in this state.     (Code 1981, §53-5-35, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2011, p. 99, § 98/HB 24.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011). For comment discussing Georgia probate of will witnessed, executed, and probated in another state, in light of In re Barrie's Estate, 240 Iowa 431, 35 N.W.2d 658 (1949), see 1 Mercer L. Rev. 135 (1949).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 113-709, and 113-710 are included in the annotations for this Code section.    Wills probated in Canada may be encompassed within the provisions of former Code 1933,  §§  113-709 and  113-710. 1976 Op. Att'y Gen. No. U76-27 (decided under former Code 1933, §§ 113-709 and 113-710).   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, § 729.   C.J.S.   - 95 C.J.S., Wills, § 517.
GA Code § 53-5-36 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 1 - General Provisions|§ 53-5-36. Jurisdiction

 The probate court of any county in this state in which is located any property owned by the decedent or any cause of action of which the decedent was possessed at death the venue of which lies in this state shall have original or ancillary jurisdiction of a foreign or out-of-state will.    (Code 1981, §53-5-36, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-5-37 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 1 - General Provisions|§ 53-5-37. Qualification of Executor or Administrator

 Upon the admission of a foreign will or an out-of-state will to ancillary probate, an executor named by or pursuant to the will to serve in this state or, in the absence of objection, a duly qualified and acting executor, administrator, or personal representative for the estate under the laws of the jurisdiction in which the will was originally probated or established shall be entitled to qualify as executor or administrator with the will annexed in this state. If such person shall fail to qualify within a reasonable time after the will is admitted to ancillary probate or if objection is filed and the probate court shall find good cause why such person should not serve, the court shall name as administrator with the will annexed a person who could otherwise be named administrator with the will annexed under the laws of this state. No person may qualify as executor or administrator with the will annexed under this Code section if such person is not otherwise qualified to act as a fiduciary in this state.    (Code 1981, §53-5-37, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-5-38 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 1 - General Provisions|§ 53-5-38. Distribution of Intestate Nondomiciliary's Real Property

 If a nondomiciliary dies intestate owning real property located in this state, the real property shall be distributed to that decedent's heirs in accordance with the laws of intestacy of this state.    (Code 1981, §53-5-38, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-5-39 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 1 - General Provisions|§ 53-5-39. Appointment of Administrator of Intestate Nondomiciliary's Estate

 When a nondomiciliary dies intestate owning real property located in any county of this state, the probate court of such county, on petition of any heir, creditor, or any duly qualified administrator or personal representative of the decedent, shall appoint an administrator of the estate in this state, in conformity with the proceedings required for the appointment of an administrator of a decedent who died domiciled in this state. Unless there is objection and good cause to the contrary shown, the duly qualified administrator or personal representative shall be appointed as the administrator of the estate in this state. No person may qualify as administrator under this Code section if such person is not otherwise qualified to act as a personal representative in this state.    (Code 1981, §53-5-39, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-5-40 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 1 - General Provisions|§ 53-5-40. Notice Given by Ancillary Personal Representative

 Upon qualification, the ancillary personal representative shall give notice to all creditors of the nondomiciliary decedent who are domiciled in this state in the same manner as is required for decedents who die domiciled in this state.    (Code 1981, §53-5-40, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 18.)
GA Code § 53-5-41 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 1 - General Provisions|§ 53-5-41. Laws or Court Orders Governing Administration of Estate by Ancillary Personal Representative

 An ancillary personal representative shall be subject to the laws of this state governing the administration of estates generally, except that by order of the probate court granted after notice to the persons known to have an interest in or claim against the estate in this state as an unsatisfied heir, beneficiary, or creditor residing in this state, the personal representative may be directed to:    Pay only those debts determined by the probate court to constitute administrative expenses or other debts incurred by the personal representative and debts payable to creditors residing or situated in this state;   Make distribution to any heirs or beneficiaries residing or situated in this state to the extent that the probate court determines to be practicable and not to the detriment of a testamentary scheme; and   If the provisions of paragraph (1) or (2) of this Code section or both paragraphs apply to the estate, distribute all property remaining in the hands of the ancillary personal representative to the personal representative qualified in the domiciliary jurisdiction rather than to the distributees of the estate.     (Code 1981, §53-5-41, enacted by Ga. L. 1996, p. 504, § 10.)
GA Code § 53-5-43 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 2 - Foreign Personal Representatives|§ 53-5-43. Evidence of Authority

 A copy of letters, or like documentation authenticated in accordance with Code Section 24-9-922, evidencing the qualification of the personal representative of the decedent who died domiciled outside this state, shall constitute prima-facie evidence of the authority of the personal representative to act in this state. Whenever a personal representative shall execute and deliver any deed of assent or conveyance with respect to real property located within this state, the personal representative shall attach to such deed as an exhibit the authenticated copy of the letters, and a certified copy of the will in the case of a testate decedent. The clerks of the superior courts of this state shall not be authorized to accept for filing and recording any deed given by such personal representative that does not conform to the foregoing requirements. Unless a third party has actual knowledge of the existence or pendency of ancillary probate or administration with respect to the decedent within this state, the third party who is dealing with the personal representative in reliance on the personal representative's letters and, in the case of a testate decedent, the out-of-state or foreign will, shall be fully protected.    (Code 1981, §53-5-43, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2011, p. 99, § 99/HB 24.)   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011).
GA Code § 53-5-44 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 2 - Foreign Personal Representatives|§ 53-5-44. Application to Protect Interest in Property

 Any person having an interest or claim as heir, beneficiary, or creditor with respect to any real or personal property located within this state of an individual who dies domiciled outside of this state may petition a probate court having jurisdiction for ancillary probate or administration and may apply to a court of equity to compel the personal representative to protect that person's interest. The court of equity may require ancillary probate or administration, transfer the matter to a probate court in this state having jurisdiction, and order the preservation of the existing status of the property pending the granting of ancillary probate or administration.    (Code 1981, §53-5-44, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 905.
GA Code § 53-5-45 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 2 - Foreign Personal Representatives|§ 53-5-45. Jurisdiction

  A personal representative of a decedent who died domiciled outside this state submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:   Receiving payment of money or taking delivery of personal property belonging to the estate of the decedent; or   Doing any act as a personal representative in this state that would have given the state jurisdiction over the actor as an individual.  Jurisdiction under paragraph (1) of this subsection is limited to the money or value of personal property collected.      In addition to the jurisdiction conferred under subsection (a) of this Code section, a personal representative of a decedent who died domiciled outside this state is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death.     (Code 1981, §53-5-45, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 905.
GA Code § 53-5-46 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 2 - Foreign Personal Representatives|§ 53-5-46. Service of Process

  Service of process may be made upon the personal representative of a decedent who dies domiciled outside this state by registered or certified mail, addressed to the personal representative's last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Service of process upon such a personal representative may also be perfected by statutory overnight delivery as provided in Code Section 9-10-12 if the receipt provided by the commercial delivery company is signed by the addressee. Notice by first-class mail is sufficient if certified or registered mail service to the addressee is unavailable. Service may be made upon the personal representative in the manner in which service could have been made under other laws of this state on either the personal representative or the decedent immediately prior to death.   If service is made on the personal representative as provided in subsection (a) of this Code section, the personal representative shall be allowed at least 30 days within which to appear and respond.     (Code 1981, §53-5-46, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2000, p. 1589, § 15.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.   RESEARCH REFERENCES   10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 905.
GA Code § 53-5-47 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries|Part 2 - Foreign Personal Representatives|§ 53-5-47. Effect of Adjudication

 An adjudication with respect to personal property rendered in any jurisdiction in favor of or against any personal representative of the estate of a decedent who died outside this state is as binding upon the personal representative as if that person were a party to the adjudication.    (Code 1981, §53-5-47, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 905.
GA Code § 53-7-60 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 6 - Settlement of Accounts|Part 1 - General Provisions|§ 53-7-60. Jurisdiction

 The superior court shall have concurrent jurisdiction with the probate court over the settlement of accounts of personal representatives.    (Code 1981, §53-7-60, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 95, 905.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 984.
GA Code § 53-7-61 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 6 - Settlement of Accounts|Part 1 - General Provisions|§ 53-7-61. Filing of Petition Upon Termination of Personal Representative

 If the personal representative resigns, is removed, or dies, an heir of an intestate estate or a beneficiary of a testate estate, the sureties of the personal representative or other personal representatives, or the successor personal representative may petition for an accounting and settlement. In the event a petition is filed for such accounting and settlement, the probate court shall retain jurisdiction over the personal representative until such accounting and settlement is completed.    (Code 1981, §53-7-61, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 874 et seq., 1035.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 979, 980.
GA Code § 53-7-63 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 6 - Settlement of Accounts|Part 1 - General Provisions|§ 53-7-63. Making and Enforcing Final Settlement

 Upon proof of issuance of citation and service of notice pursuant to Code Section 53-7-62, the probate court may proceed to make an account, hear evidence upon any contested question, and make a final settlement between the personal representative and the heirs or beneficiaries. The settlement may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt.    (Code 1981, §53-7-63, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-49/HB 865.)    The 2020 amendment,  effective January 1, 2021, substituted "issuance of citation and service of notice" for "citation" in the first sentence of this Code section.   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 867, 886, 887, 900, 904.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 1007 et seq.   ALR.    - Right of executor or administrator to contest, or appeal from, court's rejection of claim against decedent's estate, 129 A.L.R. 922.    Refusal or failure of executor, administrator, guardian, conservator, trustee, receiver, or other fiduciary to pay over, or account for, funds, as contempt, 134 A.L.R. 927.
GA Code § 53-7-64 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 6 - Settlement of Accounts|Part 1 - General Provisions|§ 53-7-64. Accounting for Income on Property Administered

 A personal representative shall account for income on the property administered as follows:    The personal representative shall be charged with all income earned during the period of one year after the date of qualification;   For the period beginning one year after the date of qualification, the personal representative shall account for income as follows:   All income earned on property the personal representative is:   Authorized by the laws of this state to hold or invest in without securing the approval of any court to do so;   Authorized by any court to hold or invest in; or   Authorized by will to hold or invest in; and     On all other property administered by the personal representative and, except as provided in paragraph (3) of this Code section, the personal representative shall be charged with the greater of the income earned on such property or the income it would have earned if invested at the legal rate of interest fixed by the laws of this state and in effect during the time the property was held. In applying this subparagraph, each item of property shall be treated separately, and income in excess of the legal rate of interest earned on one item may not be used to make up any deficiency in the income earned on another item; and     The personal representative shall be charged only with interest actually earned, if any, on funds held in a reasonable sum to pay anticipated expenses.     (Code 1981, §53-7-64, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 879, 892, 894, 896 et seq.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 1012, 1013.   ALR.    - Rate of interest chargeable against guardians, executors or administrators, and trustees, 112 A.L.R. 833; 156 A.L.R. 936.
GA Code § 53-7-65 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 6 - Settlement of Accounts|Part 1 - General Provisions|§ 53-7-65. Recordation of Final Receipts; Admission in Evidence

 The final receipts on settlements given by heirs or beneficiaries to a personal representative, whether a judicial or an informal settlement, may be admitted to record by the clerk of the probate court or the clerk of the superior court in either the county of residence of the personal representative or the county in which the estate is administered if attested by a judge of any court of this state, a magistrate, or a notary public. When recorded, the receipts shall be admitted in evidence without further proof. In case of loss of the original, a copy may be used in evidence under the same rules as for admission of copies of registered deeds.    (Code 1981, §53-7-65, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, § 942.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 606, 607, 940.
GA Code § 53-7-66 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 7 - Administration of Estates Generally|Article 6 - Settlement of Accounts|Part 1 - General Provisions|§ 53-7-66. Refunding Bonds

 When litigation against the estate is pending or is threatened or when notice of a claim has been given to the personal representative, the personal representative may demand that the heirs or beneficiaries give refunding bonds to indemnify the personal representative against the claims. Upon the failure of the heirs or beneficiaries to give such bonds, the personal representative may reserve enough of the assets to respond to the claims.    (Code 1981, §53-7-66, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 915, 917, 919, 983.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 608.