reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 1 - GENERAL PROVISIONS (§§ 53-4-1 — 53-4-5) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 1 - GENERAL PROVISIONS (§§ 53-4-1 — 53-4-5) › Section 53-4-4 - Incorporation of extrinsic documents into will

(a)
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.
(b)
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.
Added by 2020 Ga. Laws 508,§ 1-13, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 1 - GENERAL PROVISIONS (§§ 53-4-1 — 53-4-5) › Section 53-4-5 - Written statement or list disposing of items of tangible personal property

(a)
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.
(b)
A written statement or list meets the requirements of this subsection if such writing:
(1)
Is signed and dated by the testator;
(2)
Describes the items and the beneficiaries with reasonable certainty; and
(3)
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.
Added by 2020 Ga. Laws 508,§ 1-13, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 2 - TESTAMENTARY CAPACITY (§§ 53-4-10 — 53-4-12) › Section 53-4-10 - Minimum age; conviction of crime

(a)
Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action.
(b)
An individual who has been convicted of a crime shall not be deprived of the power to make a will.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 2 - TESTAMENTARY CAPACITY (§§ 53-4-10 — 53-4-12) › Section 53-4-11 - Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity

(a)
Testamentary capacity exists when the testator has a decided and rational desire as to the disposition of property.
(b)
An incapacity to contract may coexist with the capacity to make a will.
(c)
An insane individual generally may not make a will except during a lucid interval. A monomaniac may make a will if the will is in no way connected with the monomania. In all such cases, it must appear that the will expresses the wishes of the testator unbiased by the insanity or monomania with which the testator is affected.
(d)
Neither advancing age nor weakness of intellect nor eccentricity of habit or thought is inconsistent with the capacity to make a will.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 2 - TESTAMENTARY CAPACITY (§§ 53-4-10 — 53-4-12) › Section 53-4-12 - Freedom of volition

A will must be freely and voluntarily executed. A will is not valid if anything destroys the testator's freedom of volition, such as fraudulent practices upon the testator's fears, affections, or sympathies; misrepresentation; duress; or undue influence whereby the will of another is substituted for the wishes of the testator.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 3 - EXECUTION AND ATTESTATION (§§ 53-4-20 — 53-4-24) › Section 53-4-20 - Required writing; signing; witnesses; codicil

(a)
A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.
(b)
A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction.
(c)
A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 3 - EXECUTION AND ATTESTATION (§§ 53-4-20 — 53-4-24) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 3 - EXECUTION AND ATTESTATION (§§ 53-4-20 — 53-4-24) › Section 53-4-22 - Competency of witness

(a)
Any individual who is competent to be a witness and age 14 or over may witness a will.
(b)
If a witness is competent at the time of attesting the will, the subsequent incompetence of the witness shall not prevent the probate of the will.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 3 - EXECUTION AND ATTESTATION (§§ 53-4-20 — 53-4-24) › Section 53-4-23 - Testamentary gift to witness or witness's spouse

(a)
If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will.
(b)
An individual may be a witness to a will by which a testamentary gift is given to that individual's spouse, the fact going only to the credibility of the witness.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 3 - EXECUTION AND ATTESTATION (§§ 53-4-20 — 53-4-24) › Section 53-4-24 - Self-proved will or codicil

(a)
At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will or codicil may be made self-proved and the testimony of the witnesses in the probate regarding such will may be made unnecessary by the affidavits of the testator and the attesting witnesses made before a notary public. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisites of a self-proved will or codicil.
(b)
The affidavit shall be evidenced by a certificate, affixed with the official seal of the notary public, that is attached or annexed to the will or codicil, in form and content substantially as follows:
STATE OF GEORGIA
COUNTY of __________________
Before me, the undersigned authority, on this day personally appeared __________________, __________________, and __________________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said individuals being by me duly sworn, __________________, testator, declared to me and to the witnesses in my presence that said instrument is the last will and testament or a codicil to the last will and testament of the testator and that the testator had willingly made and executed it as a free act and deed for the purposes expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is the testator's last will and testament or a codicil to the testator's last will and testament and that the testator executed the instrument as such and wished each of them to sign it as a witness; and under oath each witness stated further that the witness had signed the same as witness in the presence of the testator and at the testator's request; that the testator was 14 years of age or over and of sound mind; and that each of the witnesses was then at least 14 years of age.
__________________
Testator
__________________
Witness
__________________
Witness
Sworn to and subscribed before me by __________________, testator, and sworn to and subscribed before me by __________________ and __________________, witnesses, this __________________ day of __________________, __________________.
(SEAL)
(Signed) (Official Capacity of Officer)
__________________
(c)
A self-proved will or codicil may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no differently from a will or codicil that is not self-proved. In particular, without limiting the generality of the foregoing sentence, a self-proved will or codicil may be contested, revoked, or amended in exactly the same fashion as a will or codicil that is not self-proved.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 4 - JOINT OR MUTUAL WILLS (§§ 53-4-30 — 53-4-33) › Section 53-4-30 - Contract concerning succession

A contract made on or after January 1, 1998, that obligates an individual to make a will or a testamentary disposition, not to revoke a will or a testamentary disposition, or to die intestate shall be express and shall be in a writing that is signed by the obligor.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 4 - JOINT OR MUTUAL WILLS (§§ 53-4-30 — 53-4-33) › Section 53-4-31 - Definitions

(a)
A joint will is one will signed by two or more testators that deals with the distribution of the property of each testator. A joint will may be probated as each testator's will.
(b)
Mutual wills are separate wills of two or more testators that make reciprocal dispositions of each testator's property.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 4 - JOINT OR MUTUAL WILLS (§§ 53-4-30 — 53-4-33) › Section 53-4-32 - Effect of execution

The execution of a joint will or of mutual wills does not create a presumption of a contract not to revoke the will or wills.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 4 - JOINT OR MUTUAL WILLS (§§ 53-4-30 — 53-4-33) › Section 53-4-33 - Revocation

(a)
A joint will or mutual wills may be revoked by any testator in the same manner as any other will.
(b)
Revocation of a joint will or a mutual will by one of the testators shall not revoke the will of any other testator.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-40 - Power of testator

A will may be changed or revoked by the testator at any time prior to the testator's death.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-41 - Intent

In all cases of revocation, the intent to revoke is necessary.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-42 - Express or implied revocation

(a)
A revocation may be express or implied.
(b)
An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly.
(c)
An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subsequent inconsistent will fails to become effective from any cause, the implied revocation is not completed.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-43 - Subsequent will or other written instrument

An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a will.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-44 - Destruction or obliteration of will or material portion thereof

An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator's direction. The intent to revoke shall be presumed from the obliteration or cancellation of a material portion of the will, but such presumption may be overcome by a preponderance of the evidence.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-45 - Revival or republication of previous will

(a)
If a will or other written instrument that expressly revoked a previous will in its entirety is revoked by a later will or other written instrument, as described in Code Section
53-4-43
, the previous will remains revoked unless it is revived. The previous will is revived if it appears from the terms of the later will or other written instrument that the testator intended the previous will to take effect.
(b)
If a will or other written instrument that expressly revoked a previous will in its entirety is revoked by an act, as described in Code Section
53-4-44
, the previous will remains revoked unless it is revived. The previous will is revived if it appears from the circumstances of the revocation of the will or other written instrument or from the testator's contemporaneous or subsequent declarations that the testator intended the previous will to take effect.
(c)
If a will or other written instrument that expressly revoked or amended a previous will in part is revoked by a later will or other written instrument, as described in Code Section
53-4-43
, the revoked or amended part of the previous will is revived to the extent it appears from the terms of the later will or other written instrument that the testator intended the previous will to take effect.
(d)
If a will or other written instrument that expressly revoked or amended a previous will in part is revoked by an act, as described in Code Section
53-4-44
, the revoked or amended part of the previous will is revived unless it is evident from the circumstances of the revocation of the will or other written instrument or from the testator's contemporaneous or subsequent declarations that the testator did not intend the revoked or amended part of the previous will to take effect as executed.
(e)
If a will or other written instrument that expressly revoked a previous will in whole or in part is revoked by a later will or other written instrument, as described in Code Section
53-4-43
, or by an act, as described in Code Section
53-4-44
, and the previous will or any revoked or amended portion is not revived in accordance with the provisions of this Code section, the previous will may be republished in whole or in part in accordance with Code Section
53-4-50
.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-46 - Presumption of intent

(a)
A presumption of intent to revoke arises if the original of a testator's will cannot be found to probate.
(b)
A copy of a will may be offered for probate in accordance with Chapter 5 of this title in lieu of the original will if the original cannot be found to probate, provided that the copy is proved by a preponderance of the evidence to be a true copy of the original will and that the presumption of intent to revoke set forth in subsection (a) of this Code section is rebutted by a preponderance of the evidence.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-47 - Effect of implied revocation

An implied revocation extends only so far as an inconsistency exists between testamentary instruments. Any portion of a prior instrument that can stand consistently with the testamentary scheme in a subsequent instrument shall remain unrevoked.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-48 - Effect of testator's marriage, or birth or adoption of child; provision in will for class of children

(a)
Except as otherwise provided in Code Section
53-4-49
, the marriage of the testator, the birth of a child to the testator, including a posthumous child born within ten months of the testator's death, or the adoption of a child by the testator subsequent to the making of a will in which no provision is made in contemplation of such event shall result in a revocation of the will only to the extent provided in the remainder of this Code section.
(b)
A provision in a will for a class of the testator's children shall be presumed to be made in contemplation of the birth or adoption of additional members of that class, absent an indication of a contrary intent, and the mere identification in the will of children already born or adopted at the time of the execution of the will shall not defeat this presumption.
(c)
If the will was made prior to an event specified in subsection (a) of this Code section, and does not contain a provision in contemplation of such an event, the subsequent spouse or child shall receive the share of the estate he or she would have received if the testator had died intestate. Such share shall be paid from the net residuum remaining after all debts and expenses of administration, including taxes, have been paid. If the residuum proves to be insufficient, then testamentary gifts shall abate in the manner provided in subsection (b) of Code Section
53-4-63
. Any bequest in the will in favor of the subsequent spouse or child shall be given effect and shall count toward the intestate share. If the bequest equals or exceeds the intestate share, then the subsequent spouse or child shall receive the bequest in lieu of the intestate share provided by this subsection.
Amended by 2002 Ga. Laws 968,§ 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-49 - Effect of testator's divorce, annulment, or remarriage to former spouse

All provisions of a will made prior to a testator's final divorce or the annulment of the testator's marriage in which no provision is made in contemplation of such event shall take effect as if the former spouse had predeceased the testator, and the provisions of Code Section
53-4-64
shall not apply with respect to the descendants of the former spouse who are not also descendants of the testator. If the testator remarries the former spouse and the testator has not revoked or amended the will that was made prior to the divorce or annulment, the remarriage shall not result in the revocation of the will and the provisions of the will that were revoked solely due to the application of this Code section shall be revived.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 5 - REVOCATION AND REPUBLICATION (§§ 53-4-40 — 53-4-50) › Section 53-4-50 - Republication of revoked will

A revoked will may be republished by a writing executed by the testator and subscribed and attested by witnesses with the same formality required for a will.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-55 - Construction of wills; intention of testator

In the construction of all wills, the court shall seek diligently for the intention of the testator and shall give effect to such intention as far as it may be consistent with the rules of law. Provided the proof of intention is clear and convincing, the court may transpose sentences or clauses, change conjunctions, and supply or delete words in cases in which a sentence or clause as it stands is unintelligible or inoperative in context.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-56 - Construction of wills; parol evidence

In construing a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of execution to explain all ambiguities, whether latent or patent.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-57 - Partial illegality of will

If a will is illegal in part, the part that is legal may be sustained; but if the whole will so constitutes one testamentary scheme that the legal portion alone cannot give effect to the testator's intention, the whole will shall fail.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-58 - Failure to provide for living child believed dead

If at the time of execution of the will the testator fails to provide in the will for a living child of the testator solely because the testator believes the child to be dead, the child is entitled to receive a share in the estate as follows:
(1)
If the testator had no other child living at the time the will was executed, an omitted child receives a share equal in value to that which the child would have received had the testator died intestate but only to the extent that any provision in the will to or for the benefit of the surviving parent of the omitted child is not thereby reduced; or
(2)
If the will contains testamentary gifts to one or more other children of the testator, an omitted child is entitled to receive the share of the estate that the child would have received had the testator included all omitted children with the children to whom testamentary gifts were made under the will and had given an equal share to each child. To the extent feasible, the interest granted an omitted child must be of the same character, whether legal or equitable, present or future, as that left to the testator's other children under the will. In satisfying the share for the omitted child, the shares of the other children shall abate ratably, preserving to the maximum extent possible the testamentary plan adopted by the testator.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-59 - Specific, demonstrative, general, or residuary testamentary gifts

Testamentary gifts may be specific, demonstrative, general, or residuary. A specific testamentary gift directs the delivery of property particularly designated. A demonstrative testamentary gift designates the fund or property from which the gift is to be satisfied but nevertheless is an unconditional gift of the amount or value specified. A general testamentary gift does not direct the delivery of any particular property. A residuary testamentary gift includes all the property of the estate that is not effectively disposed of by other provisions of the will.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-60 - Income, profit, or increase of specific testamentary gifts

The income, profit, or increase of specific testamentary gifts, as a general rule, goes with the gift though the time of enjoyment or vesting may be postponed.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-61 - Time at which general or demonstrative testamentary gift bears interest

(a)
A general or demonstrative testamentary gift usually bears interest at the legal rate after the expiration of 12 months from the death of the testator; provided, however, that when a general or demonstrative testamentary gift is to be paid at a later time or upon a later event, it bears no interest until such time or event.
(b)
The general rule described in subsection (a) of this Code section yields to the equity and necessity of a particular case if the condition of the estate as to the payment of debts and testamentary gifts is doubtful or if the fund out of which the testamentary gift is to be paid is unavailable for all the charges made upon it or if any other equitable circumstance intervenes.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-62 - Testamentary gift to charity

If a testamentary gift to a charity cannot be executed in the exact manner provided by the testator, the superior court may exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-63 - Payment of debts of testator and expenses of estate administrator

(a)
Unless otherwise directed, the debts of the testator and expenses of administration of the estate shall be paid out of the residuum. Unless otherwise provided in the will, a residuary gift or any part thereof, including a residuary gift to a surviving spouse in lieu of year's support, shall be deemed a gift of the net residuum or part thereof remaining after all debts of the testator and expenses of administration of the estate, including taxes, have been paid.
(b)
If the residuum proves to be insufficient for the payment of the debts of the testator and the expenses of administration of the estate, then general testamentary gifts shall abate pro rata to make up the deficiency. If general testamentary gifts are insufficient, then demonstrative testamentary gifts shall abate in the same manner. If both general and demonstrative gifts are insufficient, then specific gifts shall abate in the same manner.
(c)
After the estate assets in the hands of the personal representative are exhausted, a creditor may proceed against each beneficiary for that beneficiary's pro rata share of the debts to the extent a testamentary gift has been distributed to that beneficiary.
(d)
Realty and personalty shall be equally liable for the payment of debts.
(e)
Unless otherwise expressly directed in the will, nothing in this Code section shall be deemed to limit any rights to reimbursement for federal estate taxes, generation-skipping transfer taxes, or any other taxes that may be available to personal representatives under federal law.
Amended by 2020 Ga. Laws 508,§ 1-14, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-64 - Death of beneficiary before will executed or before death of testator

(a)
If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the death of the testator, the testamentary gift, if absolute and without remainder or limitation, shall not lapse but shall vest in the descendants of the beneficiary in the same proportions as if inherited directly from the deceased beneficiary under the intestacy laws of this state.
(b)
The provisions of subsection (a) of this Code section shall also apply to a testamentary gift to a class unless there appears a clear intent to the contrary.
(c)
If a beneficiary is treated as having predeceased the testator due to a divorce or annulment, as provided in Code Section
53-4-49
, or due to the beneficiary being responsible for the death of the testator, as provided in Code Section
53-1-5
, the provisions of subsection (a) of this Code section shall apply only to vest the testamentary gift in descendants of the beneficiary who are also descendants of the testator.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-65 - Disposition of lapsed or void testamentary gift of residuum

(a)
A lapsed or void testamentary gift of realty or personalty shall become part of the residuum.
(b)
A lapsed or void gift of the residuum shall be deemed a part of the share of the other residuary beneficiaries in proportion to their original shares of the residuum. If there are no other residuary beneficiaries, a lapsed or void gift of the residuum shall pass by intestacy.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-66 - Ademption or destruction of specific testamentary gift

Except as provided in Code Section
53-4-67
, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-67 - Exchange, loss, theft, destruction, or condemnation of testamentary gift

(a)
If the testator exchanges property which is the subject of a specific testamentary gift for other property of like character, or merely changes the investment of a fund so given, the testator's intention shall be deemed to be to substitute the one for the other, and the testamentary gift shall not fail.
(b)
If, within six months prior to the testator's death, property which is the subject of a specific testamentary gift is lost, stolen, or destroyed, and if such loss, theft, or destruction is covered, wholly or in part, by insurance, the specific beneficiary has the right to any proceeds of such insurance that are unpaid at the testator's death or, if any such proceeds have been paid prior to the testator's death, to a pecuniary gift equal to the amount of the proceeds so paid. The foregoing provisions shall also apply if the property is damaged but not destroyed, except that the amount of the insurance proceeds or the pecuniary gift to be paid to the specific beneficiary shall be reduced by the cost of any repairs made to the damaged property by the testator or the testator's personal representative.
(c)
If, within six months prior to the testator's death, property which is the subject of a specific testamentary gift is taken by condemnation, the beneficiary has the right to any award for such condemnation unpaid at the testator's death or, if any such award has been paid prior to the testator's death, to a pecuniary gift equal to the amount of the award so paid.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-68 - Conditions that are impossible, illegal, or against public policy; conditions in terrorem

(a)
Conditions in a will that are impossible, illegal, or against public policy shall be void.
(b)
A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out, except as otherwise provided in subsection (c) of this Code section.
(c)
A condition in terrorem shall not be enforceable against an interested person for:
(1)
Bringing an action for interpretation or enforcement of a will;
(2)
Bringing an action for an accounting, for removal, or for other relief against a personal representative; or
(3)
Entering into a settlement agreement.
Amended by 2020 Ga. Laws 508,§ 1-15, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-69 - Election by beneficiary with claim adverse to will

A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a claim adverse to the will shall be required to elect whether to claim under the will or against it. However, the mere fact that the beneficiary is also a creditor shall not necessitate an election.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-70 - Election by beneficiary owning testamentary gift of property

(a)
When a testator has attempted to make a testamentary gift of property that is not the testator's own and has also given a benefit to a person to whom the property belongs, the person shall elect to take either under the will or against the will.
(b)
An election pursuant to subsection (a) of this Code section shall not be required if:
(1)
The will itself, from other causes, is not effective in passing title to the property in question;
(2)
The testator has an interest in the property in question upon which the will may operate;
(3)
The testamentary gift shows that the testator intended to give the property only in the event that the testator's own title was good; or
(4)
The benefit given to the person called upon to elect is not from the testator's own property but is by virtue of a power of appointment in the testator.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-71 - Compensation to defeated beneficiary electing against will

If, pursuant to Code Sections
53-4-69
and
53-4-70
, an election is made against the will, the defeated beneficiary shall be entitled to compensation out of the property bequeathed to the person who made the election, up to the value of the defeated testamentary gift.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-72 - Passing of after-acquired property

All property owned by the testator at death that was acquired subsequent to the making of a will shall pass under the will if the provisions of the will are sufficiently broad to embrace the property.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-73 - Disposition of heart pacemakers

(a)
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.
(b)
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:
(1)
The spouse;
(2)
An adult son or daughter;
(3)
Either parent;
(4)
An adult brother or sister;
(5)
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
(6)
Any other person authorized or under obligation to dispose of the body.
(c)
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.
(d)
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.
(e)
Sales of pacemakers under this Code section shall be subject to:
(1)
Medical acceptability of the heart pacemaker for reuse; and
(2)
The laws of this state relating to autopsies.
(f)
This Code section shall not apply to the sale or gift of a nuclear-powered pacemaker.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-74 - Pecuniary marital deduction testamentary gift or transfer

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 4 - WILLS (§§ 53-4-1 — 53-4-75) › Article 6 - CONSTRUCTION OF WILL; TESTAMENTARY GIFTS (§§ 53-4-55 — 53-4-75) › Section 53-4-75 - [Repealed] Construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws

Repealed by 2020 Ga. Laws 508,§ 1-16, eff. 1/1/2021.
Added by 2010 Ga. Laws 493,§ 1, eff. 6/4/2010.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 1 - GENERAL PROVISIONS (§§ 53-5-1 — 53-5-8) › Section 53-5-1 - Jurisdiction and domicile

(a)
The probate court shall have exclusive jurisdiction over the probate of wills.
(b)
The county of domicile of the testator at death shall give jurisdiction to the probate court of that county.
(c)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 1 - GENERAL PROVISIONS (§§ 53-5-1 — 53-5-8) › Section 53-5-2 - Right to offer will for probate; "interested person" defined

(a)
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.
(b)
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.
Amended by 2020 Ga. Laws 508,§ 1-17, eff. 1/1/2021.
Amended by 2018 Ga. Laws 405,§ 3-1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 1 - GENERAL PROVISIONS (§§ 53-5-1 — 53-5-8) › Section 53-5-3 - Time limitation

(a)
As used in this Code section, the term "will" includes a codicil.
(b)
A will shall not be offered for probate following the expiration of five years from the earlier of:
(1)
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
(2)
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.
(c)
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
.
Amended by 2020 Ga. Laws 508,§ 1-18, eff. 1/1/2021.
Amended by 2008 Ga. Laws 685,§ 9, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 1 - GENERAL PROVISIONS (§§ 53-5-1 — 53-5-8) › Section 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:
(1)
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;
(2)
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
(3)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 1 - GENERAL PROVISIONS (§§ 53-5-1 — 53-5-8) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 5 - PROBATE (§§ 53-5-1 — 53-5-71) › Article 1 - GENERAL PROVISIONS (§§ 53-5-1 — 53-5-8) › Section 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.