reglab/housing_qa huggingface dataset:
GA Code § 53-5-26 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 4 - Witnesses; Settlement Agreement; Expenses|§ 53-5-26. Persons Entitled to Recover Expenses

 Upon petition to the probate court, a person named as an executor in a purported will of a decedent shall be entitled to recover from the estate of the decedent the expenses incurred in offering the will for probate in common or solemn form, including reasonable attorney's fees, provided the person proceeded in good faith. The probate court shall determine whether the person proceeded in good faith and the amount of the expenses. The order of the probate court shall be subject to appeal as is provided in other cases.    (Code 1981, §53-5-26, enacted by Ga. L. 1996, p. 504, § 10.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, §§ 471, 517.   C.J.S.   - 34 C.J.S., Executors and Administrators, § 1140. 95 C.J.S., Wills, §§ 787, 791, 793.   ALR.    - Right to allowance out of the estate of attorney's fees in attempt to establish or defeat a will, 10 A.L.R. 783; 40 A.L.R.2d 1407.    Attorney's lien on decedent's estate, 50 A.L.R. 657.    Power of probate court to require attorney to return to estate or trust overpayment on account of fees or services, 70 A.L.R. 478.    Allowance out of decedent's estate for services rendered by attorney not employed by executor or administrator, 142 A.L.R. 1459.    Validity, construction, and effect of provision in will regarding amount payable for attorney's services, 148 A.L.R. 362.   Attorney's fees and expenses incurred by personal representative in successful defense of will contest as chargeable to the residuary estate or as apportionable among beneficiaries, 20 A.L.R.2d 1226.   Personal liability of executor or administrator for fees of attorney employed by him for the benefit of the estate, 13 A.L.R.3d 518.   Amount of attorneys' compensation in absence of contract or statute fixing amount, 57 A.L.R.3d 475.   Amount of attorneys' compensation in proceedings involving wills and administration of decedents' estates, 58 A.L.R.3d 317.
GA Code § 53-5-27 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 4 - Witnesses; Settlement Agreement; Expenses|§ 53-5-27. Nonjudicial Settlement Agreement

    As used in this Code section, the term "court" means a probate court or superior court on appeal or transfer from a probate court.   Except as provided in subsection (b) of this Code section, the personal representative nominated in the will or duly qualified so to serve and all persons whose interests would be affected may enter into a binding nonjudicial settlement agreement with respect to any matter involving a will.     A nonjudicial settlement agreement shall be valid only to the extent it does not violate a material intention of the testator under Article 6 of Chapter 4 of this title and includes terms and conditions that properly could be approved by the court under Code Section 53-5-25 or other applicable law.   A nonjudicial settlement agreement entered into in accordance with this Code section shall be final and binding on all parties to such agreement, including individuals not sui juris, unborn individuals, and persons unknown who are represented by a guardian who may represent and bind such parties under Code Section 53-5-25 or 53-11-2, as if ordered by a court with competent jurisdiction over the will, the estate of the decedent, and the parties.   Any person bound by a nonjudicial settlement agreement under subsection (c) of this Code section may request that the court approve such agreement, determine whether the representation provided under Code Section 53-5-25 or 53-11-2 was adequate, determine whether such agreement violates a material intention of the testator under Article 6 of Chapter 4 of this title, determine whether such agreement contains terms and conditions the court properly could have approved, or make any other similar determination.   If a trust designated in the will to take an interest in real or personal property would have such interest affected by the nonjudicial settlement agreement:   The provisions of such agreement affecting such interest shall satisfy the requirements of Code Section 53-12-9 in order to be binding on the trust, the trustee, any trust director, and the trust beneficiaries; and   A probate court not subject to Article 6 of Chapter 9 of Title 15, upon the request of any person bound by a nonjudicial settlement agreement that the court determine whether such agreement contains terms and conditions the court properly could have approved, shall enter an order transferring the proceeding to the superior court to which an appeal would lie under Code Section 5-3-2 for the determination of all questions under subsection (d) of this Code section.     Entering into or petitioning a court regarding a nonjudicial settlement agreement under this Code section shall not constitute a violation of a condition in terrorem under Code Section 53-4-68.     (Code 1981, §53-5-27, enacted by Ga. L. 2020, p. 377, § 1-25/HB 865.)
GA Code § 53-5-50 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 6 - Jurisdiction|§ 53-5-50. Original Jurisdiction; Petition and Pleading Requirements

  The probate court shall have original jurisdiction over any petition to vacate, set aside, or amend its order admitting a will to probate.   A petition under subsection (a) of this Code section may be brought in the probate court to vacate, set aside, or amend its order admitting a will to probate based upon:   Another will being entitled to be admitted to probate;   A codicil to the probated will being entitled to be admitted to probate;   Lack of jurisdiction;   Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the petitioner; or   A nonamendable defect that appears upon the face of the record or pleadings.       Any such petition based upon paragraph (1) of subsection (b) of this Code section shall be combined with a petition to probate the other will in solemn form.   Any such petition based upon paragraph (2) of subsection (b) of this Code section shall be combined with a petition to probate the codicil in solemn form.   In any such petition based upon paragraph (1) or (2) of subsection (b) of this Code section, the court shall consider the petition to probate in solemn form together with the petition to vacate, set aside, or amend; and the court shall grant relief as is appropriate with respect to each matter.     In any such petition based upon paragraph (5) of subsection (b) of this Code section, it is not sufficient that the pleadings fail to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.     (Code 1981, §53-5-50, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-26/HB 865.)    The 2020 amendment,  effective January 1, 2021, rewrote this Code section, which read: "(a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges:   "(1) That another will is entitled to be admitted to probate; or   "(2) That a codicil to the probated will is entitled to be admitted to probate   "(b) Any such action shall be combined with a petition to probate in solemn form the other will or codicil. The court shall consider the petition to probate together with the action to vacate, set aside, or amend; and the court shall grant relief as is appropriate with respect to each matter."   Law reviews.   - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 71 Mercer L. Rev. 327 (2019).
GA Code § 53-5-52 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 6 - Jurisdiction|§ 53-5-52. Time Limitation; Filing of Petition Constitutes Claim Against Estate

  A petition based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50 shall be brought before:   The probate of the previously probated will becomes conclusive upon the petitioner under Code Section 53-5-19 or 53-5-20; and   The expiration of the time within which the newly propounded will must be offered for probate under Code Section 53-5-3.     A petition based upon paragraph (3) of subsection (b) of Code Section 53-5-50 may be brought at any time.   In all other instances, a petition made pursuant to this article shall be brought within three years from entry of the order admitting a will to probate.   The filing of a petition made pursuant to this article 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, §53-5-52, enacted by Ga. L. 2020, p. 377, § 1-28/HB 865.)
GA Code § 53-5-53 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 6 - Jurisdiction|§ 53-5-53. Applicability of Article

 The provisions of this article shall govern in proceedings in the probate court to vacate, set aside, or amend an order admitting a will to probate, and the provisions of Code Section 9-11-60 shall not be applicable to such proceedings.    (Code 1981, §53-5-53, enacted by Ga. L. 2020, p. 377, § 1-28/HB 865.)
GA Code § 53-5-60 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-60. Short Title

 This article shall be known and may be cited as the "Uniform Transfer on Death Security Registration Act."    (Code 1981, §53-5-60, enacted by Ga. L. 1999, p. 805, § 1.)   RESEARCH REFERENCES   U.L.A.   - Uniform Transfer on Death Security Registration Act (U.L.A.) § 1 et seq.
GA Code § 53-5-61 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-61. Definitions

 As used in this article, the term:    "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.   "Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.   "Registering entity" means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.   "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account.   "Security account" means:   A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or   A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.       (Code 1981, §53-5-61, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-62 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-62. Ownership of a Security

 Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common.    (Code 1981, §53-5-62, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-63 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-63. Authorization of Beneficiary Form

 A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or a similar statute is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.    (Code 1981, §53-5-63, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-64 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-64. Registration of a Beneficiary Form

 A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.    (Code 1981, §53-5-64, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-65 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-65. Words Used in Beneficiary Form

 Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.    (Code 1981, §53-5-65, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-66 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-66. Designation of Transfer in Beneficiary Form

 The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all the then surviving owners without the consent of the beneficiary.    (Code 1981, §53-5-66, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-67 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-67. Ownership of Registered Security After Death

 On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.    (Code 1981, §53-5-67, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-68 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-68. Duties of Registering Entity; Implementation of Registration; Applicability of Code Section 53-5-67; Protective Effect

  A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article.   By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this article.   A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Code Section 53-5-67 and does so in good faith reliance on the registration, on this article, and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this article do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this article.   The protection provided by this article to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.     (Code 1981, §53-5-68, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-69 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-69. Effect of Beneficiary Form

  A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this article and is not testamentary.   This article does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.     (Code 1981, §53-5-69, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-70 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-70. Terms and Conditions of Beneficiary Form; Illustrations

  A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer on death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters "LDPS," standing for lineal descendants per stirpes. This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity's terms and conditions.   The following are illustrations of registrations in beneficiary form which a registering entity may authorize:   Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.;   Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr.;   Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., LDPS.       (Code 1981, §53-5-70, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-5-71 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 5 - Probate|Article 7 - Uniform Transfer on Death Security Registration|§ 53-5-71. Applicability of Article

 This article applies to registrations of securities in beneficiary form made before or after July 1, 1999, by decedents dying on or after July 1, 1999.    (Code 1981, §53-5-71, enacted by Ga. L. 1999, p. 805, § 1.)
GA Code § 53-6-1 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 1 - General Provisions|§ 53-6-1. Eligibility

 Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled in this state, subject to the requirements for qualification set forth in this chapter. Any other person is eligible to serve as a personal representative or temporary administrator of a decedent who dies domiciled in this state, subject to the requirements set forth in this chapter, provided the person is otherwise qualified to act as a fiduciary in this state.    (Code 1981, §53-6-1, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 19.)   RESEARCH REFERENCES   ALR.   - Who is resident within meaning of statute prohibiting appointment of nonresident executor or administrator, 9 A.L.R.4th 1223.
GA Code § 53-6-2 (2021)
2021 Georgia Code|Title 53 - Wills, Trusts, and Administration of Estates|Chapter 6 - Administrators and Personal Representatives|Article 1 - General Provisions|§ 53-6-2. Executor De Son Tort

 Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son tort and as such shall be liable to the creditors and heirs or beneficiaries of the estate for double the value of the property so possessed and converted. Such executor shall not be allowed to set off any debt due the executor by the decedent or voluntarily paid by the executor out of the assets. If the executor dies, the executor's personal representative shall be liable in the same manner and to the same extent as would the executor were the executor still living.    (Code 1981, §53-6-2, enacted by Ga. L. 1996, p. 504, § 10.)