reglab/housing_qa huggingface dataset:
GA Code § 53-2-21 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 2 - Judicial Determination of Heirs and Interests|§ 53-2-21. Filing of Petition

 Any personal representative, guardian, conservator, committee, trustee, fiduciary, or other person having a status which by operation of law or written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as provided in Code Section 53-2-20. The petition shall allege the names, addresses, ages, and relationship, so far as known to the petitioner, of all parties at interest other than creditors and the nature and character of such interests. The petition shall further allege whether the petitioner has reason to apprehend that there may be others entitled to participate in the distribution whose names are unknown to the petitioner.    (Code 1981, §53-2-21, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   C.J.S.   - 26B C.J.S., Descent and Distribution, §§ 83, 84.   ALR.    - Form and sufficiency of allegations of heirship, 110 A.L.R. 1239.    Questions regarding rights of inheritance or other rights in respect of another's estate after death as proper subject of declaratory action before latter's death, 139 A.L.R. 1239.
GA Code § 53-2-22 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 2 - Judicial Determination of Heirs and Interests|§ 53-2-22. Petition by Person Claiming to Be Heir or Distributee

 Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to either the probate court or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of interest established. The petition in such a case shall contain the same averments as to all parties at interest required of persons filing under Code Section 53-2-21 with the person charged with the duty of distribution being named as a party.    (Code 1981, §53-2-22, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   C.J.S.   - 26B C.J.S., Descent and Distribution, §§ 83, 84.   ALR.    - Form and sufficiency of allegations of heirship, 110 A.L.R. 1239.   Time as of which members of class described as grantor's or settler's "heirs," "next of kin," "relations," and the like to whom a future gift is made, are to be ascertained, 38 A.L.R.2d 327.   Validity and enforceability of provision of will or trust instrument for forfeiture or reduction of share of contesting beneficiary, 23 A.L.R.4th 369.
GA Code § 53-2-23 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 2 - Judicial Determination of Heirs and Interests|§ 53-2-23. Superior Court Procedure

 Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the same manner as prescribed in cases in which equitable relief is sought; and the case shall thereafter proceed to judgment in the manner provided for such cases by the rules of practice in the superior courts.    (Code 1981, §53-2-23, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Descent and Distribution, § 115. 27A Am. Jur. 2d, Equity, § 13 et seq.   C.J.S.   - 26B C.J.S., Descent and Distribution, § 82.
GA Code § 53-2-24 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 2 - Judicial Determination of Heirs and Interests|§ 53-2-24. Probate Court Procedure

 Upon the filing in a probate court of a petition described in Code Section 53-2-21 or 53-2-22, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title.    (Code 1981, §53-2-24, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Descent and Distribution, § 114 et seq.   C.J.S.   - 26B C.J.S., Descent and Distribution, § 83 et seq.   ALR.    - Necessity that newspaper be published in English language to satisfy requirements regarding publication of legal or official notice, 90 A.L.R. 500.    Concealment of or failure to disclose existence of person interested in estate as extrinsic fraud which will support attack on judgment in probate proceedings, 113 A.L.R. 1235.
GA Code § 53-2-25 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 2 - Judicial Determination of Heirs and Interests|§ 53-2-25. Intervention by Person Claiming to Be Heir or Distributee

 Any individual claiming to be an heir or any person in any way interested as a distributee and who is not named as such in any petition filed and pending under this article may file a motion to intervene in the proceeding.    (Code 1981, §53-2-25, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Descent and Distribution, § 114 et seq.   C.J.S.   - 26B C.J.S., Descent and Distribution, § 83 et seq.
GA Code § 53-2-26 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 2 - Judicial Determination of Heirs and Interests|§ 53-2-26. Effect of Findings of Court

 In the absence of fraud, the findings of the superior court or the probate court shall be binding and conclusive as to every person and as to every issue decided.    (Code 1981, §53-2-26, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Descent and Distribution, § 115.   C.J.S.   - 26B C.J.S., Descent and Distribution, §§ 87, 88.   ALR.    - Concealment of or failure to disclose existence of person interested in estate as extrinsic fraud which will support attack on judgment in probate proceedings, 113 A.L.R. 1235.   Judgment denying validity of will because of undue influence, lack of mental capacity, or the like, as res judicata as to validity of another will, deed, or other instrument, 25 A.L.R.2d 657.
GA Code § 53-2-27 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 2 - Judicial Determination of Heirs and Interests|§ 53-2-27. Dna Testing for Kinship; Procedure; Costs

  When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a probate court or superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any party in interest whose kinship to the decedent is in controversy for purposes of comparison and determination of the statistical likelihood of such kinship. The court may order the disinterment of the decedent's remains if reasonably necessary to obtain such samples.   The order may be made only on motion for good cause shown and upon notice to all parties in interest and shall specify the time, place, manner, conditions, and scope of the removal and testing of samples, and the person or persons by whom it is to be made. Such motion, when made by a party in interest, shall be supported by affidavit setting forth:   The factual basis for a reasonable belief that the party in interest whose kinship to the decedent is in controversy is or is not so related; and   If disinterment of the decedent's remains is sought, the factual basis for a reasonable belief that reliable DNA samples from the decedent are not otherwise reasonably available from any other source.     Upon request, the movant shall deliver to all parties in interest a copy of a detailed written report of the tester and of any other expert involved in the determination of such statistical likelihood setting out his or her findings, including the results of all tests made and conclusions or opinions based thereon.   The costs of obtaining and testing of such samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, as well as the costs of providing the report, shall be assessed against and paid by the moving party.     (Code 1981, §53-2-27, enacted by Ga. L. 2002, p. 1081, § 1; Ga. L. 2020, p. 377, § 1-3/HB 865.)    The 2020 amendment,  effective January 1, 2021, in subsection (a), inserted "probate court or" in the first sentence, deleted "superior" preceding "court" in the second sentence, and deleted the last sentence which read: "If the proceedings are pending in the probate court, the motion shall be transferred to the superior court for determination."   Law reviews.   - For annual survey of law on wills, trusts, guardianships, and fiduciary administration, see 62 Mercer L. Rev. 365 (2010). For note on the 2002 enactment of this Code section, see 19 Ga. St. U.L. Rev. 347 (2002).
GA Code § 53-2-30 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 3 - Distribution of Estate in Kind|§ 53-2-30. Authority of Administrator; Method of Distribution Provided for in Will

  An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset.   An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset only upon the written consent of all the heirs or upon an order of the probate court made pursuant to a petition filed by an heir or the administrator.   Nothing in this Code section shall be construed as limiting or restricting the method of distribution provided for in a will or as requiring the approval of the probate court for a distribution or division in kind made pursuant to the directions in a will. In all cases where the will directs or authorizes a distribution or division in kind but fails to direct specifically how or by whom the distribution or division in kind is to be made, it shall be the duty and authority of the executor or administrator with the will annexed to make the distribution or division in kind.     (Code 1981, §53-2-30, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Descent and Distribution, §§ 1, 2, 13. 31 Am. Jur. 2d, Executors and Administrators, §§ 914, 945, 946, 972, 979, 985 et seq.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 600, 605, 611, 614, 628, 644.   ALR.    - Partition: division of building, 28 A.L.R. 727.    Probate of will as condition precedent to suit for partition by devises, 141 A.L.R. 1311.   Right to partial distribution of estate or distribution of particular assets, prior to final closing, 18 A.L.R.3d 1173.   Lack of final settlement of intestate's estate as affecting heir's right to partition of realty, 92 A.L.R.3d 473.
GA Code § 53-2-31 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 3 - Distribution of Estate in Kind|§ 53-2-31. Petition in Probate Court; Distribution in Kind Not Pro Rata

 An heir or the administrator may petition the probate court for an order allowing a distribution in kind that is not pro rata as to each asset. The petition shall set forth the names and addresses of all the heirs and the requested distribution of the assets. Upon the filing of the petition, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title.    (Code 1981, §53-2-31, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Descent and Distribution, §§ 1, 2, 13. 31 Am. Jur. 2d, Executors and Administrators, §§ 914, 945, 946, 972 et seq., 979, 985 et seq.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 482, 487, 493, 496, 515, 519.   ALR.    - Partition: division of building, 28 A.L.R. 727.    Probate of will as condition precedent to suit for partition by devises, 141 A.L.R. 1311.   Right to partial distribution of estate or distribution of particular assets, prior to final closing, 18 A.L.R.3d 1173.   Lack of final settlement of intestate's estate as affecting heir's right to partition of realty, 92 A.L.R.3d 473.
GA Code § 53-2-32 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 3 - Distribution of Estate in Kind|§ 53-2-32. Order of Probate Court

 If no objection is made to the petition, the probate court shall order the administrator to distribute the assets in the manner requested in the petition. If objection is made, upon the evidence submitted, the probate court shall divide the assets in kind in shares that are pro rata or are not pro rata as to each asset and order the administrator to distribute the shares accordingly.    (Code 1981, §53-2-32, 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, §§ 488 et seq., 972, 976 et seq., 982, 985 et seq., 987.   C.J.S.   - 34 C.J.S., Executors and Administrators, §§ 634, 635, 637, 648 et seq.   ALR.    - Partition: division of building, 28 A.L.R. 727.    Failure of decree or order of distribution of decedent's estate to describe specifically the property or property interests involved, or misdescription thereof, 120 A.L.R. 630.   Conclusiveness of statement or decision of accountant or similar third person under contract between others requiring property to be valued by him, 50 A.L.R.2d 1268.   Lack of final settlement of intestate's estate as affecting heir's right to partition of realty, 92 A.L.R.3d 473.
GA Code § 53-2-42 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 4 - Dispensing With Administration|§ 53-2-42. Right of Action by Creditor

 After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the unsatisfied debts against the heirs, to the extent of the value of property received by the heirs.    (Code 1981, §53-2-42, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Descent and Distribution, §§ 133, 134, 136, 138, 143 et seq.   C.J.S.   - 26B C.J.S., Descent and Distribution, §§ 71, 112 et seq.   ALR.    - Jurisdiction and power of equity to subject legacy, devise, or distributive share in estate to claim of creditor of legatee, devisee, or distributee, 123 A.L.R. 1293.
GA Code § 53-2-50 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 5 - Escheat|§ 53-2-50. Definition

 As used in this article, the term "escheat" is the reversion of property to the state upon a failure of heirs of a decedent to appear and make claim for or against property owned by the decedent at death for which no other disposition was provided either by will or otherwise.    (Code 1981, §53-2-50, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27A Am. Jur. 2d, Escheat, §§ 1 et seq., 10 et seq., 20 et seq., 40 et seq.   C.J.S.   - 33 C.J.S., Executors and Administrators, § 7. 34 C.J.S., Executors and Administrators, § 503.   ALR.   - Amendment of claim against decedent's estate after expiration of time for filing claims, 56 A.L.R.2d 627.   Validity, and applicability to causes of action not already barred, of a statute enlarging limitation period, 79 A.L.R.2d 1080.   Statute of limitations: effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141.   Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127.
GA Code § 53-2-51 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 2 - Descent and Distribution|Article 5 - Escheat|§ 53-2-51. Procedure

  If no person has appeared and claimed to be an heir within four years from the date letters of any kind on an intestate decedent's estate were granted, the personal representative shall petition the probate court of the county in which the letters were granted for determination that property has escheated to the state. Such a petition shall set forth the full name of the decedent, the date of death, the fact that no person has appeared and claimed to be an heir, and the property of the estate which may have escheated to the state.   Upon filing of the petition, the probate court shall issue a citation as provided Chapter 11 of this title, requiring the heirs, if any, to file any objection to the petition by a date that is at least 60 days from the date of the citation, and shall order notice by publication to all heirs of the decedent as provided in Code Section 53-11-4.   If no individual files objection as an heir who is entitled to the property on or before the date set in the citation, the court shall order the property to be paid over and distributed to the county board of education to become a part of the educational fund.   If an individual files objection as an heir who is entitled to property, such claim shall be tried as other actions before the court. In such case, no property shall be paid over or distributed to the county board of education until the claim is determined in such manner as to establish that any individual making the claim is not entitled to the property.   When property is paid over or distributed to a county board of education, the administration of the estate shall be terminated following a final return and the granting of a petition for discharge.   The proceedings shall be conclusive upon and shall bind all the heirs of the estate.   All expenses incurred in the administration of such proceedings shall be paid from the property or proceeds of the estate.     (Code 1981, §53-2-51, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 11.)
GA Code § 53-4-3 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 1 - General Provisions|§ 53-4-3. Determination Whether Instrument Is Will

 No particular form is necessary to constitute a will. To determine whether an instrument is a will, the test is the intention of the maker to be gathered from the whole instrument, read in light of the surrounding circumstances. If the intention is to convey a present interest, though the possession is postponed until after death, the instrument is not a will. If the intention is to convey an interest accruing and having effect only at death, the instrument is a will.    (Code 1981, §53-4-3, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 79 Am. Jur. 2d, Wills, §§ 4, 5, 9 et seq., 19. 80 Am. Jur. 2d, Wills, §§ 849, 850.   C.J.S.   - 95 C.J.S., Wills, §§ 167 et seq., 176, 177, 831.   ALR.    - May instrument inter vivos operate also as a will, or part of will, 45 A.L.R. 843.    Delivery of deed to third person to be delivered to grantee after grantor's death, 52 A.L.R. 1222.    Letter as a will or codicil, 54 A.L.R. 917; 40 A.L.R.2d 698.    Notation on note or securities as a will or codicil, 62 A.L.R. 292.    Language of will excluding or restricting one as beneficiary, as excluding him from class to whom gift is made in another part of will, 80 A.L.R. 140.    Construction and application of provision of will expressly giving executor or trustee power to mortgage realty, 115 A.L.R. 1417.    Testamentary character of memorandum or other informal writing not testamentary on its face regarding ownership or disposition of specific personal property, 117 A.L.R. 1327.    Judgment based on construction of instrument as res judicata of its validity, 164 A.L.R. 873.   Term "proceeds" in will or other trust instrument as indicating intention as to whether assets are to constitute principal or income, 1 A.L.R.2d 194.   Admissibility of extrinsic evidence upon issue of testamentary intent, 21 A.L.R.2d 319.   Effect on validity and character of instrument in form of deed of provisions therein indicating an intention to postpone or limit the rights of grantee until after the death of grantor, 31 A.L.R.2d 532.   Validity of will written on disconnected sheets, 38 A.L.R.2d 477.   Admissibility of testator's declarations upon issue of genuineness or due execution of purported will, 62 A.L.R.2d 855.   Authorization by trust instrument of investment of trust funds in nonlegal investments, 78 A.L.R.2d 7.   Effect of mistake of draftsman (other than testator) in drawing will, 90 A.L.R.2d 924.   Wills: bequest or devise referring to services to be rendered by donee to testator during latter's lifetime as absolute or conditional gift, 22 A.L.R.3d 771.   Wills: effect of gift to be disposed of "as already agreed" upon or the like, 85 A.L.R.3d 1181.   Payable-on-death savings account or certificate of deposit as will, 50 A.L.R.4th 272.   Adoption as precluding testamentary gift under natural relative's will, 71 A.L.R.4th 374.   Adopted child as within class named in testamentary gift, 36 A.L.R.5th 395.
GA Code § 53-4-4 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 1 - General Provisions|§ 53-4-4. Incorporation of Extrinsic Documents Into Will

  Any writing in existence when a will is executed may be incorporated into the will by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.   This Code section shall not be construed to imply that the common law does not permit the incorporation of an extrinsic document into a will by reference in the manner authorized under subsection (a) of this Code section.     (Code 1981, §53-4-4, enacted by Ga. L. 2020, p. 377, § 1-13/HB 865.)
GA Code § 53-4-5 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 1 - General Provisions|§ 53-4-5. Written Statement or List Disposing of Items of Tangible Personal Property

  A written statement or list meeting the requirements of subsection (b) of this Code section shall dispose of items of tangible personal property, other than money, not otherwise specifically disposed of by the testator's will. If more than one otherwise effective writing exists, then, to the extent of any conflict among the writings, the provisions of a more recent writing revoke the inconsistent provisions of each prior writing.   A written statement or list meets the requirements of this subsection if such writing:   Is signed and dated by the testator;   Describes the items and the beneficiaries with reasonable certainty; and   Is referred to in the testator's will.  The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation, provided that it is signed and dated on the date of such alteration; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.        (Code 1981, §53-4-5, enacted by Ga. L. 2020, p. 377, § 1-13/HB 865.)
GA Code § 53-4-21 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 4 - Wills|Article 3 - Execution and Attestation|§ 53-4-21. Knowledge of Contents of Will by Testator

 Knowledge of the contents of a will by the testator is necessary to the validity of a will. If the testator can read, the testator's signature or acknowledgment of that signature is presumed to show such knowledge.    (Code 1981, §53-4-21, enacted by Ga. L. 1996, p. 504, § 10.)