reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 1 - GENERAL PROVISIONS (§§ 53-2-1 — 53-2-8) › Section 53-2-7 - Vesting of title to property; right to possession

(a)
Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent's heirs at law, subject to divestment by the appointment of an administrator of the estate.
(b)
The title to all other property owned by an intestate decedent shall vest in the administrator of the estate for the benefit of the decedent's heirs and creditors.
(c)
Upon the appointment of an administrator, the title to any interest in real property which survives the intestate decedent shall vest in the administrator for the benefit of the heirs and creditors of the decedent, and title to such property shall not revest in the heirs until the administrator assents to such revesting. For purposes of this Code section, the assent of the administrator shall be proved in the manner set out in Code Section
53-8-15
.
(d)
Upon the appointment of an administrator, the right to the possession of the whole estate is in the administrator, and, as long as administration continues, the right to recover possession of the estate from all other persons is solely in the administrator. The administrator may recover possession of any part of the estate from the heirs at law or purchasers from them; but, in order to recover real property, it is necessary for the administrator to show, upon the trial, either that the property which is the subject of the action has been in the administrator's possession and without the administrator's consent is held by the defendant at the time of bringing the action or that it is necessary for the administrator to have possession for the purpose of paying the debts, making a proper distribution, or for other purposes provided for by law. An order for sale or distribution, granted by the judge of the probate court after notice to the defendant, shall be conclusive evidence of either fact.
(e)
If an order has been entered under Code Section
53-2-41
that no administration is necessary, or if the administrator has assented to the vesting of title in the heirs, the heirs may take possession of the property or may sue for possession of the property in their own right.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 1 - GENERAL PROVISIONS (§§ 53-2-1 — 53-2-8) › Section 53-2-8 - Death intestate, and without ascertainable heirs, of spouse of intestate decedent

(a)
When the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent's death, any undistributed property of the decedent to which the spouse had been entitled prior to the spouse's death shall not escheat but shall be distributed to the heirs of the decedent who would have inherited the property under the intestacy laws if the spouse had predeceased the decedent.
(b)
The nonexistence of heirs of the spouse may be determined by publication as provided in Code Section
53-2-51
. If no heir of the spouse appears, the property, less the expenses of the proceedings to determine the nonexistence of heirs, shall be paid over as provided in subsection (a) of this Code section.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 2 - JUDICIAL DETERMINATION OF HEIRS AND INTERESTS (§§ 53-2-20 — 53-2-27) › Section 53-2-20 - Jurisdiction of probate or superior court

The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alternatively, the petition may be filed in the superior court of the county where the probate court having jurisdiction, as defined in this Code section, is located; provided, however, that, if the petition is filed in connection with a contested proceeding to determine a purported heir's entitlement to a year's support from the decedent's estate pursuant to Chapter 3 of this title, such petition must be filed in the probate court having jurisdiction. The proceedings for the determination of such questions shall conform to the requirements set forth in this article.
Amended by 2020 Ga. Laws 508,§ 1-2, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 2 - JUDICIAL DETERMINATION OF HEIRS AND INTERESTS (§§ 53-2-20 — 53-2-27) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 2 - JUDICIAL DETERMINATION OF HEIRS AND INTERESTS (§§ 53-2-20 — 53-2-27) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 2 - JUDICIAL DETERMINATION OF HEIRS AND INTERESTS (§§ 53-2-20 — 53-2-27) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 2 - JUDICIAL DETERMINATION OF HEIRS AND INTERESTS (§§ 53-2-20 — 53-2-27) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 2 - JUDICIAL DETERMINATION OF HEIRS AND INTERESTS (§§ 53-2-20 — 53-2-27) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 2 - JUDICIAL DETERMINATION OF HEIRS AND INTERESTS (§§ 53-2-20 — 53-2-27) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 2 - JUDICIAL DETERMINATION OF HEIRS AND INTERESTS (§§ 53-2-20 — 53-2-27) › Section 53-2-27 - DNA testing for kinship; procedure; costs

(a)
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.
(b)
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:
(1)
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
(2)
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.
(c)
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.
(d)
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.
Amended by 2020 Ga. Laws 508,§ 1-3, eff. 1/1/2021.
Added by 2002 Ga. Laws 901,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 3 - DISTRIBUTION OF ESTATE IN KIND (§§ 53-2-30 — 53-2-32) › Section 53-2-30 - Authority of administrator; method of distribution provided for in will

(a)
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.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 3 - DISTRIBUTION OF ESTATE IN KIND (§§ 53-2-30 — 53-2-32) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 3 - DISTRIBUTION OF ESTATE IN KIND (§§ 53-2-30 — 53-2-32) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 4 - DISPENSING WITH ADMINISTRATION (§§ 53-2-40 — 53-2-42) › Section 53-2-40 - Petition

(a)
When an individual has died intestate and there has been no personal representative appointed in this state, any heir of the decedent may file a petition praying for an order that no administration is necessary. The petition shall be filed in the probate court of the county of the domicile of the decedent, if the decedent was domiciled in this state, or in the county in which real property is located, if the decedent was not domiciled in this state.
(b)
The petition shall show: the name and domicile of the decedent; the names, ages or majority status, and domicile of the heirs of the decedent; a description of the property in this state owned by the decedent; that the estate owes no debts or that there are known debts and all creditors have consented or will be served as provided in Chapter 11 of this title; and that the heirs have agreed upon a division of the estate among themselves. The agreement containing original signatures of all the heirs, attested to by a clerk of the probate court or a notary public, shall be attached to the petition. Property subject to an outstanding security deed or agreement may be subject to this proceeding only if the holder of the security deed consents or is served and makes no objection.
(c)
The personal representative of a deceased heir is authorized to agree to the division on behalf of that heir.
(d)
In any case involving the approval of a petition for an order that no administration is necessary, where there is an interest in real property, the court shall file, within 30 days of granting such petition, a certified copy of the order granting the petition that no administration is necessary in each county in this state in which the deceased owned real property, to be recorded in the deed records of the county and indexed under the name of the deceased in the grantor index. Such order shall be accompanied by the same fee for filing deeds with the clerk of the superior court. The filing fee and any fee for the recording of such order shall be taxed as costs to the estate. The certified copy of the order granting the petition that no administration is necessary shall set forth:
(1)
The date of the order granting such petition;
(2)
The name and address of the deceased;
(3)
The interest in the property acquired by each party; and
(4)
The name and address of all parties that take title to the real property pursuant to the order issued by the court.
Amended by 2008 Ga. Laws 685,§ 8, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 4 - DISPENSING WITH ADMINISTRATION (§§ 53-2-40 — 53-2-42) › Section 53-2-41 - Issuance of citation and order; objections

(a)
Upon the filing of a petition that states that there are known creditors of the estate who are to be served, a citation shall be issued and any creditors of the estate shall be served as provided in Chapter 11 of this title.
(b)
If any creditor, whether the debt is due or not, objects to the granting of the order, the court shall refuse to grant an order finding that no administration is necessary so long as such objection is not withdrawn.
(c)
In the event no creditor files objection to the granting of the order or if all objections are withdrawn, the probate court shall ascertain the heirs of the decedent and whether they are all of age and suffering under no disability or are represented by a guardian or a personal representative. If the court finds that all the heirs have consented and that the estate of the decedent owes no debts or that all creditors have consented or withdrawn any objection, the court shall then enter an order in the proceedings finding that no administration is necessary. Should property described in the petition be located in a county other than the county in which the petition is filed, a certified copy of the proceedings, including any agreement filed pursuant to Code Section
53-2-40
, and the order of the probate court thereon may be entered in the office of the clerk of the superior court of the county in which the property is located.
(d)
An order finding that no administration is necessary shall confirm the vesting of title to the decedent's property in the heirs in the amounts and portions described in Code Section
53-2-1
, or, if different, in the agreement filed by the heirs in accordance with Code Section
53-2-40
.
(e)
Property thereafter sold or encumbered by the heirs of the decedent to a purchaser or lender who acts in good faith reliance upon the order shall be discharged from all claims and rights of the creditors of the deceased owner, except such claims, liens, judgments, security deeds, mortgages, or encumbrances as have been filed for record in the manner required by law so as to constitute notice thereof at the time of such sale or encumbrance by the heirs.
(f)
Nothing in this chapter shall be deemed to apply to or adversely affect liens for taxes or liens arising from the giving or signing of the bond of a public official.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 4 - DISPENSING WITH ADMINISTRATION (§§ 53-2-40 — 53-2-42) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 5 - ESCHEAT (§§ 53-2-50 — 53-2-51) › Section 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.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 2 - DESCENT AND DISTRIBUTION (§§ 53-2-1 — 53-2-51) › Article 5 - ESCHEAT (§§ 53-2-50 — 53-2-51) › Section 53-2-51 - Procedure

(a)
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.
(b)
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
.
(c)
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.
(d)
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.
(e)
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.
(f)
The proceedings shall be conclusive upon and shall bind all the heirs of the estate.
(g)
All expenses incurred in the administration of such proceedings shall be paid from the property or proceeds of the estate.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-1 - Preference and entitlement

(a)
As used in this chapter, the terms "child" or "children" mean any minor child who would be entitled to inherit if the child's parent died intestate.
(b)
Among the necessary expenses of administration and to be preferred before all other debts or demands, except as specifically provided otherwise in this chapter and notwithstanding any other provision of law to the contrary, is the provision of year's support for the family.
(c)
The surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death.
Amended by 2020 Ga. Laws 508,§ 1-4, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-2 - Events barring right to support

(a)
A surviving spouse's right to year's support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year's support.
(b)
A minor child's right to year's support shall be barred by the marriage or death of the minor or by the minor's attaining the age of 18 years prior to the filing of the petition for year's support.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-3 - Provision in will in lieu of support; election

A testator by will may make provision for the spouse in lieu of year's support, in which case the surviving spouse must make an election.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-4 - "Homestead" defined; taxes and tax liens

(a)
As used in this Code section, the term "homestead" shall have the same meaning as set forth in Code Section
48-5-40
.
(b)
(1)
In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the homestead set apart and against any equity of redemption applicable to the homestead set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition shall be divested if the homestead is set apart for year's support; provided, however, that, if the property taxes elected in the petition pursuant to this paragraph are paid after the filing of the petition but prior to the entry of the order setting apart the homestead for year's support, the property taxes accrued in the year following the year elected in the petition shall be divested instead.
(2)
In solvent and insolvent estates, if the homestead is not claimed, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the real property set apart and against any equity of redemption applicable to the real property set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition shall be divested if the real property is set apart for year's support; provided, however, that, if the property taxes elected in the petition pursuant to this paragraph are paid after the filing of the petition but prior to the entry of the order setting apart the real property for year's support, the property taxes accrued in the year following the year elected in the petition shall be divested instead.
Amended by 2020 Ga. Laws 508,§ 1-5, eff. 1/1/2021.
Amended by 2016 Ga. Laws 423,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-5 - Filing of petition

(a)
Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in behalf of the surviving spouse or in behalf of a minor child may file a petition for year's support in the probate court having jurisdiction over the decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child, no additional guardian ad litem shall be appointed for such minor child unless ordered by the court.
(b)
The petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate of each surviving minor child, and a schedule of the property, including household furniture, that the petitioner proposes to have set apart as year's support. The petition shall describe fully and accurately any real property the petitioner proposes to have set apart as year's support with a legal description sufficient under the laws of this state to pass title to the real property.
(c)
A petition for year's support shall be filed within 24 months of the date of death of the decedent.
Amended by 2020 Ga. Laws 508,§ 1-6, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-6 - Issuance of citation and publication of notice; mailing of petition to tax commissioner

(a)
As used in this Code section, the term "interested persons" means the decedent's children, spouse, other heirs, beneficiaries, and creditors and any others having a property right in or claim against the estate of the decedent that may be affected by the year's support proceedings.
(b)
Upon the filing of the petition, the probate court shall issue a citation and publish a notice in the official newspaper of the county in which the petition is made once a week for four weeks, citing all interested persons to show cause by a date certain why the petition for year's support should not be granted.
(c)
(1)
If there is a personal representative of the decedent's estate, then, in addition to the issuance of citation and publication of notice required by subsection (b) of this Code section, the probate court shall cause a copy of the citation to be served upon the personal representative of the decedent's estate. The personal representative shall be served not fewer than 30 days prior to the date and time shown in the citation for objections to be filed.
(2)
If there is no personal representative of the decedent's estate, then, in addition to the issuance of citation and publication of notice required by subsection (b) of this Code section, the petitioner or the attorney for the petitioner shall file with the probate court an affidavit, upon oath, showing the name, last known address, and age if less than age 18 of each interested person and stating that the petitioner or the attorney for the petitioner has listed all known interested persons and has made reasonable inquiry to ascertain the names, last known addresses, and ages of all interested persons. The probate court shall serve by first-class mail a copy of the citation on each interested person shown on the affidavit not fewer than 30 days prior to the date and time shown in the citation for objections to be filed.
(3)
If the sole personal representative of the decedent's estate and the petitioner or the guardian of the petitioner are the same person, then paragraph (2) of this subsection shall govern as if the decedent's estate had no personal representative.
(d)
The probate court shall serve by first-class or interoffice mail, as applicable, a copy of the petition within five days of its filing on the tax commissioner or tax collector of any county in this state in which real property proposed to be set apart as year's support is located.
Amended by 2023 Ga. Laws 353,§ 7, eff. 7/1/2023.
Amended by 2022 Ga. Laws 782,§ 53, eff. 5/2/2022.
Amended by 2020 Ga. Laws 508,§ 1-7, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-7 - Hearing and determination

(a)
If no objection is made after the publication of the notice, or, if made, is disallowed or withdrawn, the probate court shall enter an order setting apart as year's support the property applied for in the petition.
(b)
If objection is made, the probate court shall hear the petition and, upon the evidence submitted, shall determine the property to be set apart as year's support according to the standards set out in subsection (c) of this Code section. If an appeal is taken, pending the appeal the petitioners shall be furnished with necessaries by the personal representative or temporary administrator of the estate, as allowed by the probate court.
(c)
If objection is made to the amount or nature of the property proposed to be set apart as year's support, the court shall set apart an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the decedent, taking into consideration the following:
(1)
The support available to the individual for whom the property is to be set apart from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that individual;
(2)
The solvency of the estate; provided, however, that, if the decedent dies having a deposit in a financial institution that is applied to the payment of the funeral expenses and expenses of the last illness of the decedent under subsection (c) of Code Section
7-1-239
, any effect such payment may have on the solvency of the estate shall not operate adversely to the surviving spouse or any minor child in the determination of the amount to be set apart as year's support; and
(3)
Such other relevant criteria as the court deems equitable and proper.
The petitioner for year's support shall have the burden of proof in showing the amount necessary for year's support.
Amended by 2020 Ga. Laws 508,§ 1-8, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-8 - Minor children by individuals other than surviving spouse

(a)
If the decedent leaves a minor child or minor children by an individual or individuals other than the surviving spouse, the probate court shall specify the portion going to the minor child or minor children of such individual or individuals, and the portion so specified shall vest in that child or those children.
(b)
If the decedent leaves one or more minor children and the surviving spouse is the parent of all such minor children, the probate court may in its discretion specify separate portions for such minor children and the surviving spouse if the court deems the award of separate portions to be in the best interests of the parties, and the portions so specified shall vest separately in the surviving spouse and such minor children.
(c)
If the decedent leaves one or more minor children for whom the probate court specifies separate portions under subsection (a) or (b) of this Code section, personal property in the portions so specified shall be delivered and received in compliance with Code Section
29-3-1
.
Amended by 2020 Ga. Laws 508,§ 1-9, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-9 - Vesting of title to property set apart

(a)
Except as otherwise provided in Code Section
53-3-8
, title to the property set apart shall vest in the surviving spouse and child or children or, if there is no surviving spouse, in the children, share and share alike; and the property shall not be administered as the estate of the deceased spouse or parent.
(b)
When property is set apart as a year's support for the benefit of the surviving spouse alone, the spouse shall thereafter own the same in fee, without restriction as to use, encumbrance, or disposition.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-10 - Property inside or outside county

The probate court may award year's support as to property located inside or outside the county where the decedent was domiciled at the time of death; and title to property both inside and outside the county where the decedent was domiciled at the time of death shall vest in the surviving spouse, spouse and children, or children only, as applicable.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-11 - Awarding interest in real property

(a)
When the probate court grants an order for year's support which awards an interest in real property located in this state, within 30 days after granting the order the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located. The certificate shall:
(1)
Identify in the manner provided in Code Section
53-3-5
those individuals receiving the interest;
(2)
Identify the interest received;
(3)
Contain a legal description sufficient under the laws of this state to pass title to the real property in which the interest was received, provided that the words "Also lands in __________________ County(ies)," which accurately identifies other counties within which the real property is located, shall be sufficient to describe real property located outside the county to which the order or a copy of the order was sent; and
(4)
Contain a certification by the probate court that the information in the certificate is correct.
(b)
The certificate to be filed under subsection (a) of this Code section shall be accompanied by the same fee required for the filing of deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.
(c)
The clerk of any superior court receiving the certificate provided in subsection (a) of this Code section shall file and record the certificate upon the deed records of that county. The certificate shall be indexed according to the names appearing on the certificate as follows:
(1)
The grantor is the name of decedent; and
(2)
The grantee is the name of the individual or individuals to whom the award was made.
(d)
Upon the filing and recording as provided in subsection (c) of this Code section, the certificate shall be returned to the probate court from whom it was received, for inclusion in the probate court's permanent file. The probate court shall not be required to enter a certificate on the minutes of the court after the return of a certificate recorded under subsection (c) of this Code section.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-12 - Fees

(a)
The fees of the probate court shall be paid by the petitioner for year's support out of the fund set apart for such petitioner or for the surviving spouse or a minor child in whose behalf the petitioner acted pursuant to subsection (a) of Code Section
53-3-5
.
(b)
The probate court may issue a writ of fieri facias against the personal representative or temporary administrator of the estate for the amount awarded as provided in subsection (a) of this Code section.
(c)
The issuance by the probate court of a writ of fieri facias against the temporary administrator of the estate as provided in subsection (b) of this Code section shall be deemed a proper order under Code Section
53-7-4
for the payment by the temporary administrator of the amount awarded as provided in subsection (a) of this Code section.
Amended by 2020 Ga. Laws 508,§ 1-10, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-13 - Sale or conveyance of property by personal representative or temporary administrator prior to award

The right of a surviving spouse or minor child to year's support from the estate of a decedent shall be barred by a sale or conveyance made prior to the award of year's support by the personal representative or temporary administrator of the estate under authority of a court of competent jurisdiction or under power in a will; provided, however, that the sale or conveyance shall bar year's support and rights to year's support only as to the property sold or conveyed.
Amended by 2020 Ga. Laws 508,§ 1-11, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-14 - Real property subject to option to purchase or contract to sell

If year's support is set apart for the benefit of any individual in or with respect to real property on which there is a recorded option to purchase or contract to sell outstanding at the time the same is so set apart, the individual and any purchasers or lessees of the real property, after the same has been so set apart, shall take the real property or any interest therein subject to all of the rights and privileges of the grantee of the option or contract and of any assignees of the option or contract if the assignment or assignments are also recorded.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-15 - Conveyance, contract, or lien made by surviving spouse or guardian

A conveyance, contract, or lien made or created by the surviving spouse or by the guardian of the minor child or children shall be superior to the title and interest of the surviving spouse or minor child or children under year's support subsequently applied for and set apart.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-16 - Real property subject to purchase money mortgage

Whenever the vendor of real property makes a deed to such real property and takes a mortgage to secure the purchase money for such real property, neither the surviving spouse nor the children of the vendee shall be entitled to year's support in the real property as against the vendor or the vendor's heirs or assigns until the purchase money is fully paid.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-17 - Personal property subject to mortgage or other security interest

Whenever the vendor of personal property, at the time of selling and delivering such personal property, takes a mortgage or other security interest to secure the payment of the purchase money for such personal property, neither the surviving spouse nor the minor child or children of the vendee shall be entitled to year's support in the personal property as against the vendor or the vendor's heirs, personal representatives, or assigns until the purchase money of the personal property is fully paid; provided, however, that the mortgage or other security interest shall expressly state that the same is executed and delivered for the purpose of securing the debt for the purchase.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-18 - Landlord's lien on crops

Whenever a tenant dies owing a landlord for rent or for supplies for which the landlord has a special lien on the crops made on the lands rented from the landlord in the year the rent accrued or supplies were furnished, neither the surviving spouse nor spouse and minor children nor minor child or children only of the tenant shall be entitled to year's support out of the crops so planted or grown in that year as against the landlord until the accounts for the rent and supplies are fully paid, provided that the surviving spouse shall be entitled to year's support in such part of the crop as may remain after the landlord's lien for rent and supplies shall have been discharged.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-19 - Conveyance or encumbrance by surviving spouse of property set aside; effect

(a)
When property is set apart as year's support for the joint benefit of the surviving spouse and the minor child or children, a conveyance or encumbrance of the same or any or all parts of such property by the surviving spouse shall convey or encumber the title and interest of the spouse and shall be binding and conclusive upon the spouse.
(b)
The conveyance or encumbrance of any or all the property set apart as year's support for the joint benefit of the surviving spouse and the minor child or children shall convey or encumber and be binding and conclusive upon the child or children and person claiming through or under them only when approved by the probate court of the county in which the year's support award was made. No such approval shall be necessary to bind a child who is sui juris and who joins with the surviving spouse in making the conveyance or encumbrance.
(c)
The purchaser or lender shall not be responsible for the proper use or application of the proceeds derived from a sale or encumbrance contemplated under this Code section.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-20 - Conveyance or encumbrance by surviving spouse of property set aside; approval of probate court

(a)
The approval of the probate court required by subsection (b) of Code Section
53-3-19
shall be obtained in the following manner: The surviving spouse shall petition the probate court, stating the purposes of the proposed conveyance or encumbrance and describing the property the spouse desires to convey or encumber, the nature of the proposed conveyance or encumbrance, and the names, last known addresses, and ages of the children for whose benefit the year's support was set apart. If the surviving spouse has died, the petition may be made by the guardian for any one or more of the children for whose benefit the year's support was set apart. The probate court shall set a date for hearing on the petition and shall appoint a guardian ad litem who shall accept the appointment in writing to represent the minor children. Not less than ten days prior to the date set for the hearing, personal service shall be made on each child for whose benefit the year's support was set apart who has attained the age of 18 at the time the petition is filed. If the surviving spouse does not know and cannot easily ascertain the addresses of any of the children, service shall be made by publishing notice of the date and purpose of the hearing one time and by posting a copy of the notice at the courthouse not less than ten days prior to the date set for the hearing. In addition to publication, the probate court shall mail a copy of the notice to the last known address of each child whose current address is unknown, not less than ten days prior to the date set for such hearing. Objections, if any, shall be made in writing.
(b)
At the hearing, the probate court shall determine that service has been made as required by this Code section and that the purpose or purposes of the proposed conveyance or encumbrance are proper and shall pass an order reciting due compliance with this Code section and approval of the proposed conveyance or encumbrance, which order shall be final and conclusive.
(c)
The proceedings shall be indexed and recorded in books to be kept for that purpose by the probate court in each county in which any of the property is located.
(d)
An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases.
2023 CODE OF GEORGIA › Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12) › Chapter 3 - YEAR'S SUPPORT (§§ 53-3-1 — 53-3-21) › Section 53-3-21 - Appointment of temporary administrator

If there is no personal representative of the decedent's estate, the probate court may appoint a temporary administrator as provided in Code Section
53-6-30
to perform the duties of a personal representative under subsection (b) of Code Section
53-3-7
or under subsection (b) of Code Section
53-3-12
; provided, however, that the appointment of such temporary administrator shall not alter or affect the citation, notice, and mailing requirements of Code Section
53-3-6
.
Added by 2020 Ga. Laws 508,§ 1-12, 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 53-4-1 - Power of testator

A testator, by will, may make any disposition of property that is not inconsistent with the laws or contrary to the public policy of the state and may give all the property to strangers, to the exclusion of the testator's spouse and descendants.
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 53-4-2 - When will takes effect

A will shall take effect instantly upon the death of the testator however long probate may be postponed.