reglab/statecodes huggingface dataset:
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 53-5-7 - Proof of codicil

If a codicil republished a will except as to any amendment contained in the codicil and clearly identified the will that was republished, proof of the codicil is proof 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 53-5-8 - Notice to beneficiary provided by personal representative; representation for beneficiaries

(a)
As used in this Code section, the term "beneficiary" means a person, including a trust, that is designated in a will to take an interest in real or personal property; that has a present interest, including, but not limited to, a vested remainder interest, but not including a trust beneficiary where there is a trustee who is not also the personal representative required to give notice; and whose identity and whereabouts are known or may be determined by reasonable diligence.
(b)
Within 30 days following the issuance of letters testamentary or letters of administration with the will annexed to the personal representative of a testate estate, such personal representative shall send to all beneficiaries by certified or registered mail or statutory overnight delivery, with return receipt requested, to his or her last known address a notice informing such beneficiaries of the issuance of such letters to the personal representative and providing the name, mailing address, and telephone number of such personal representative. Provided, however, that notice shall not be required to any beneficiary who has waived such right to notification in writing. Within 60 days following the issuance of such letters, such personal representative shall file with the probate court true and correct copies of such waivers and notices, the return receipts for each, and, with respect to any such beneficiary whose identity and whereabouts are unknown, an affidavit of diligent search attesting under oath to the efforts of such personal representative to identify and locate such beneficiary.
(c)
A personal representative who, without sufficient cause, either fails to provide accurate information regarding such personal representative's name, mailing address, and telephone number within five business days of a request for such information by a beneficiary or by the probate court or otherwise fails to comply with the requirements of subsection (b) of this Code section, may be cited to appear and show cause as to why the personal representative's letters should not be revoked in the same manner as pursuant to Code Section
53-6-53
.
(d)
For purposes of this Code section, a trust beneficiary may be represented as provided in paragraph (3) of subsection (b) of Code Section
53-7-50
.
Added by 2023 Ga. Laws 346,§ 1, eff. 7/1/2023.
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 2 - COMMON FORM (§§ 53-5-15 — 53-5-19) › Section 53-5-15 - Common or solemn form

Probate of a will may be in common form or in solemn form or both.
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 2 - COMMON FORM (§§ 53-5-15 — 53-5-19) › Section 53-5-16 - Conclusiveness; persons protected if set aside

(a)
The probate of a will in common form is not conclusive upon anyone interested in the estate adversely to the will except as provided in Code Section
53-5-19
.
(b)
If set aside, probate of a will in common form does not protect the executor in any acts beyond the executor's normal duties of collecting and preserving assets of the estate and paying the debts of the estate. Bona fide purchasers without notice under legally made sales from the executor will be protected.
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 2 - COMMON FORM (§§ 53-5-15 — 53-5-19) › Section 53-5-17 - Procedure

(a)
A will may be proved in common form upon the testimony of a single subscribing witness and without service or notice to anyone. If the will is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed without the testimony of any subscribing witness.
(b)
The petition to probate a will in common form shall set forth the same information required in a petition to probate a will in solemn form. The petition shall conclude with a prayer for the issuance of letters testamentary.
Amended by 2020 Ga. Laws 508,§ 1-19, eff. 1/1/2021.
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 2 - COMMON FORM (§§ 53-5-15 — 53-5-19) › Section 53-5-18 - Court order

The order to probate a will in common form may be granted by the probate court at any time.
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 2 - COMMON FORM (§§ 53-5-15 — 53-5-19) › Section 53-5-19 - When conclusive upon parties in interest

Probate in common form shall become conclusive upon all parties in interest four years from the date the order admitting such will to probate in common form is entered by the court in such proceeding, except upon minor heirs who require proof in solemn form and interpose a caveat within four years after reaching the age of majority. In such case, if the will is refused probate in solemn form and no prior will is admitted to probate, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by the lapse of time.
Amended by 2020 Ga. Laws 508,§ 1-20, eff. 1/1/2021.
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 3 - SOLEMN FORM (§§ 53-5-20 — 53-5-22) › Section 53-5-20 - Conclusiveness

(a)
Probate in solemn form is conclusive upon all persons served with notice, including persons waiving service of notice or served with notice through a guardian ad litem or other appropriate representative, and upon all beneficiaries under the will who are represented by the personal representative.
(b)
As to heirs and other persons required to be served with notice by Code Section
53-5-22
who are not effectively served with notice in a manner adequate to satisfy subsection (a) of this Code section, a proceeding to probate in solemn form shall otherwise be as conclusive as if probate had been in common form.
(c)
Except as otherwise provided in subsections (a) and (b) of this Code section, a proceeding to probate in solemn form is conclusive against all persons, regardless of service or notice, six months from the date the order admitting such will to probate in solemn form is entered by the court in such proceeding.
Amended by 2020 Ga. Laws 508,§ 1-21, eff. 1/1/2021.
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 3 - SOLEMN FORM (§§ 53-5-20 — 53-5-22) › Section 53-5-21 - Procedure

(a)
A will may be proved in solemn form after service of notice upon the persons required to be served, upon the testimony of all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator as provided in Code Section
53-5-23
; provided, however, that the testimony of only one witness shall be required to prove the will in solemn form if no caveat is filed. If a will is self-proved, compliance with signature requirements and other requirements of execution is presumed subject to rebuttal without the necessity of the testimony of any witness upon filing the will and affidavit annexed or attached thereto.
(b)
The petition to probate a will in solemn form shall set forth the full name, the place of domicile, and the date of death of the testator; the mailing address of the petitioner; the names, ages or majority status, and addresses of all the heirs, stating each such heir's relationship to the testator; and whether, to the knowledge of the petitioner, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, addresses, and ages or majority status of the beneficiaries under the other purported will. If a testamentary guardian is being appointed in accordance with subsection (b) of Code Section
29-2-4
, the names and mailing addresses of any persons required to be served with notice pursuant to such Code section shall be provided by the petitioner. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for issuance of letters testamentary. If all of the heirs acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be probated and letters testamentary thereupon may issue without further delay; provided, however, that letters of guardianship shall only be issued in accordance with Code Section
29-2-4
.
Amended by 2020 Ga. Laws 508,§ 1-22, eff. 1/1/2021.
Amended by 2014 Ga. Laws 635,§ 4-2, eff. 1/1/2015.
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 4 - WITNESSES; SETTLEMENT AGREEMENT; EXPENSES (§§ 53-5-23 — 53-5-27) › Section 53-5-23 - Methods of examining witnesses; photocopy of will

(a)
In all proceedings for the probate of a will in common form or solemn form, witnesses to the will may be examined in person or by written interrogatories which shall be answered in writing and under oath before a notary public or by depositions or other discovery procedures under the same circumstances as other civil cases. The probate court shall have the power to compel the attendance of witnesses in the same manner as the superior court.
(b)
Where witnesses are to be examined as authorized by this Code section, a photocopy of the will may be exhibited to the witnesses in lieu of the original will. The testimony of a witness to whom a photocopy of a will has been exhibited shall be given the same weight as though the original will had been exhibited to the witness.
(c)
The provisions of this Code section shall not be construed as repealing any other statutory provision prescribing a method or procedure for the taking of testimony by interrogatories or depositions, but as supplementary of such other provisions and cumulative to such other provisions and as providing additional means or methods of taking the testimony of subscribing witnesses to a will in proceedings for the probate of the will. The taking or procuring of testimony in the manner prescribed by this Code section shall be sufficient for all purposes of the probate proceedings, notwithstanding any other statute.
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 4 - WITNESSES; SETTLEMENT AGREEMENT; EXPENSES (§§ 53-5-23 — 53-5-27) › Section 53-5-24 - Unavailability of subscribing witnesses

When it appears that a will cannot be proved as otherwise provided by law because at the time the will is offered for probate one or more of the subscribing witnesses to the will is dead or mentally or physically incapable of testifying or otherwise inaccessible, the court may admit the will to probate in common or solemn form upon the testimony in person or by affidavit or by deposition of at least two credible disinterested witnesses that the signature to the will is that of the individual whose will it purports to be or upon other sufficient proof of such signature. This Code section shall not preclude the court, in its discretion, from requiring, in addition, the testimony in person or by deposition of any available subscribing witness or proof of such other pertinent facts and circumstances as the court may deem necessary to admit the will to probate.
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 4 - WITNESSES; SETTLEMENT AGREEMENT; EXPENSES (§§ 53-5-23 — 53-5-27) › Section 53-5-26 - Persons entitled to recover expenses

Upon petition to the probate court, a person named as an executor in a purported will of a decedent shall be entitled to recover from the estate of the decedent the expenses incurred in offering the will for probate in common or solemn form, including reasonable attorney's fees, provided the person proceeded in good faith. The probate court shall determine whether the person proceeded in good faith and the amount of the expenses. The order of the probate court shall be subject to appeal as is provided in other cases.
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 4 - WITNESSES; SETTLEMENT AGREEMENT; EXPENSES (§§ 53-5-23 — 53-5-27) › Section 53-5-27 - Nonjudicial settlement agreement

(a)
(1)
As used in this Code section, the term "court" means a probate court or superior court on appeal or transfer from a probate court.
(2)
Except as provided in subsection (b) of this Code section, the personal representative nominated in the will or duly qualified so to serve and all persons whose interests would be affected may enter into a binding nonjudicial settlement agreement with respect to any matter involving a will.
(b)
A nonjudicial settlement agreement shall be valid only to the extent it does not violate a material intention of the testator under Article 6 of Chapter 4 of this title and includes terms and conditions that properly could be approved by the court under Code Section
53-5-25
or other applicable law.
(c)
A nonjudicial settlement agreement entered into in accordance with this Code section shall be final and binding on all parties to such agreement, including individuals not sui juris, unborn individuals, and persons unknown who are represented by a guardian who may represent and bind such parties under Code Section
53-5-25
or
53-11-2
, as if ordered by a court with competent jurisdiction over the will, the estate of the decedent, and the parties.
(d)
Any person bound by a nonjudicial settlement agreement under subsection (c) of this Code section may request that the court approve such agreement, determine whether the representation provided under Code Section
53-5-25
or
53-11-2
was adequate, determine whether such agreement violates a material intention of the testator under Article 6 of Chapter 4 of this title, determine whether such agreement contains terms and conditions the court properly could have approved, or make any other similar determination.
(e)
If a trust designated in the will to take an interest in real or personal property would have such interest affected by the nonjudicial settlement agreement:
(1)
The provisions of such agreement affecting such interest shall satisfy the requirements of Code Section
53-12-9
in order to be binding on the trust, the trustee, any trust director, and the trust beneficiaries; and
(2)
A probate court not subject to Article 6 of Chapter 9 of Title 15, upon the request of any person bound by a nonjudicial settlement agreement that the court determine whether such agreement contains terms and conditions the court properly could have approved, shall enter an order transferring the proceeding to the superior court to which an appeal would lie under Code Section
5-3-2
for the determination of all questions under subsection (d) of this Code section.
(f)
Entering into or petitioning a court regarding a nonjudicial settlement agreement under this Code section shall not constitute a violation of a condition in terrorem under Code Section
53-4-68
.
Added by 2020 Ga. Laws 508,§ 1-25, eff. 1/1/2021.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-30 - Definitions

For purposes of this article:
(1)
"Domiciliary jurisdiction" is the jurisdiction outside this state in which a nondomiciliary is domiciled at death.
(2)
"Foreign will" is the will of a nondomiciliary who dies while domiciled in a jurisdiction that is not a state or territory governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state.
(3)
"Nondomiciliary" is a decedent who dies while domiciled in a jurisdiction that is outside this state.
(4)
"Out-of-state will" is the will of a nondomiciliary who dies while domiciled in a state or territory that is governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-31 - Requisites for admission to probate

A foreign will or an out-of-state will may be admitted to original common or solemn form probate under the rules governing probate of wills of testators who die domiciled in this state upon proof that the will is valid under the laws of this state and that it has not been offered for probate or establishment in the domiciliary jurisdiction or that it has been offered for probate but either no timely caveat or similar objection was filed in the domiciliary jurisdiction or the grounds of a pending caveat or similar objection are not such as would, if proved, cause the denial of probate.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-32 - Effect of admission to probate

If a foreign will or an out-of-state will is admitted to original probate in common or solemn form, the terms of the will shall be given effect under the laws of this state and shall be subject to the same defenses and objections as a will of a testator who died domiciled in this state.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-33 - Requisites for admission to ancillary probate

(a)
A foreign will or an out-of-state will duly admitted to probate or established under the laws of the domiciliary jurisdiction may be admitted to ancillary probate in solemn form upon proof that the will has not been offered for probate in this state in proceedings in which a caveat to such probate has been finally sustained or is pending.
(b)
For purposes of ancillary probate of out-of-state wills, when the out-of-state will has been admitted to probate or established in the domiciliary jurisdiction, the will may be admitted to ancillary probate in solemn form upon production of a properly certified copy of the will and a properly authenticated copy of the final proceedings in the jurisdiction in which the will was probated or established, certified according to Code Section
24-9-922
, and may be attacked or resisted on the same grounds as other judicial proceedings from a state of the United States.
(c)
For purposes of ancillary probate of a foreign will, if the foreign will has been probated or established under the laws of the domiciliary jurisdiction, a certified copy of the will and an authenticated copy of the final proceedings in the jurisdiction in which the will was probated or established, under the seal of the court, shall be prima-facie evidence of the due execution of the will and the will may be admitted to ancillary probate but may be objected to by caveat or rebutted by proof, as in the case of a will offered for original probate.
Amended by 2011 Ga. Laws 52,§; 97, eff. 1/1/2013.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-34 - Effect of admission to ancillary probate

If a foreign will or an out-of-state will is admitted to ancillary probate in this state, the validity and terms of the will shall be given effect under the laws of the domiciliary jurisdiction.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-35 - Muniments of title to realty

(a)
Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when:
(1)
Such a will is accompanied by properly authenticated copies of the record admitting the will to probate in another state, certified according to Code Section
24-9-922
; and
(2)
The certified copy of such a will is recorded in the office of the clerk of the superior court in the county in which the real property is situated in the record in which deeds are recorded in this state.
(b)
This Code section shall apply to all cases in which real property is held or claimed under wills not probated in this state and to all actions brought to recover or protect real property in this state.
Amended by 2011 Ga. Laws 52,§; 98, eff. 1/1/2013.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-36 - Jurisdiction

The probate court of any county in this state in which is located any property owned by the decedent or any cause of action of which the decedent was possessed at death the venue of which lies in this state shall have original or ancillary jurisdiction of a foreign or out-of-state will.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-37 - Qualification of executor or administrator

Upon the admission of a foreign will or an out-of-state will to ancillary probate, an executor named by or pursuant to the will to serve in this state or, in the absence of objection, a duly qualified and acting executor, administrator, or personal representative for the estate under the laws of the jurisdiction in which the will was originally probated or established shall be entitled to qualify as executor or administrator with the will annexed in this state. If such person shall fail to qualify within a reasonable time after the will is admitted to ancillary probate or if objection is filed and the probate court shall find good cause why such person should not serve, the court shall name as administrator with the will annexed a person who could otherwise be named administrator with the will annexed under the laws of this state. No person may qualify as executor or administrator with the will annexed under this Code section if such person is not otherwise qualified to act as a fiduciary in this state.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-38 - Distribution of intestate nondomiciliary's real property

If a nondomiciliary dies intestate owning real property located in this state, the real property shall be distributed to that decedent's heirs in accordance with the laws of intestacy of this state.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-39 - Appointment of administrator of intestate nondomiciliary's estate

When a nondomiciliary dies intestate owning real property located in any county of this state, the probate court of such county, on petition of any heir, creditor, or any duly qualified administrator or personal representative of the decedent, shall appoint an administrator of the estate in this state, in conformity with the proceedings required for the appointment of an administrator of a decedent who died domiciled in this state. Unless there is objection and good cause to the contrary shown, the duly qualified administrator or personal representative shall be appointed as the administrator of the estate in this state. No person may qualify as administrator under this Code section if such person is not otherwise qualified to act as a personal representative in this state.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-40 - Notice given by ancillary personal representative

Upon qualification, the ancillary personal representative shall give notice to all creditors of the nondomiciliary decedent who are domiciled in this state in the same manner as is required for decedents who die domiciled in this state.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 1 - FOREIGN AND OUT-OF-STATE WILLS; INTESTATE NONDOMICILIARIES (§§ 53-5-30 — 53-5-41) › Section 53-5-41 - Laws or court orders governing administration of estate by ancillary personal representative

An ancillary personal representative shall be subject to the laws of this state governing the administration of estates generally, except that by order of the probate court granted after notice to the persons known to have an interest in or claim against the estate in this state as an unsatisfied heir, beneficiary, or creditor residing in this state, the personal representative may be directed to:
(1)
Pay only those debts determined by the probate court to constitute administrative expenses or other debts incurred by the personal representative and debts payable to creditors residing or situated in this state;
(2)
Make distribution to any heirs or beneficiaries residing or situated in this state to the extent that the probate court determines to be practicable and not to the detriment of a testamentary scheme; and
(3)
If the provisions of paragraph (1) or (2) of this Code section or both paragraphs apply to the estate, distribute all property remaining in the hands of the ancillary personal representative to the personal representative qualified in the domiciliary jurisdiction rather than to the distributees of the estate.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 2 - FOREIGN PERSONAL REPRESENTATIVES (§§ 53-5-42 — 53-5-47) › Section 53-5-43 - Evidence of authority

A copy of letters, or like documentation authenticated in accordance with Code Section
24-9-922
, evidencing the qualification of the personal representative of the decedent who died domiciled outside this state, shall constitute prima-facie evidence of the authority of the personal representative to act in this state. Whenever a personal representative shall execute and deliver any deed of assent or conveyance with respect to real property located within this state, the personal representative shall attach to such deed as an exhibit the authenticated copy of the letters, and a certified copy of the will in the case of a testate decedent. The clerks of the superior courts of this state shall not be authorized to accept for filing and recording any deed given by such personal representative that does not conform to the foregoing requirements. Unless a third party has actual knowledge of the existence or pendency of ancillary probate or administration with respect to the decedent within this state, the third party who is dealing with the personal representative in reliance on the personal representative's letters and, in the case of a testate decedent, the out-of-state or foreign will, shall be fully protected.
Amended by 2011 Ga. Laws 52,§; 99, eff. 1/1/2013.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 2 - FOREIGN PERSONAL REPRESENTATIVES (§§ 53-5-42 — 53-5-47) › Section 53-5-44 - Application to protect interest in property

Any person having an interest or claim as heir, beneficiary, or creditor with respect to any real or personal property located within this state of an individual who dies domiciled outside of this state may petition a probate court having jurisdiction for ancillary probate or administration and may apply to a court of equity to compel the personal representative to protect that person's interest. The court of equity may require ancillary probate or administration, transfer the matter to a probate court in this state having jurisdiction, and order the preservation of the existing status of the property pending the granting of ancillary probate or administration.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 2 - FOREIGN PERSONAL REPRESENTATIVES (§§ 53-5-42 — 53-5-47) › Section 53-5-45 - Jurisdiction

(a)
A personal representative of a decedent who died domiciled outside this state submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:
(1)
Receiving payment of money or taking delivery of personal property belonging to the estate of the decedent; or
(2)
Doing any act as a personal representative in this state that would have given the state jurisdiction over the actor as an individual.
Jurisdiction under paragraph (1) of this subsection is limited to the money or value of personal property collected.
(b)
In addition to the jurisdiction conferred under subsection (a) of this Code section, a personal representative of a decedent who died domiciled outside this state is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 2 - FOREIGN PERSONAL REPRESENTATIVES (§§ 53-5-42 — 53-5-47) › Section 53-5-46 - Service of process

(a)
Service of process may be made upon the personal representative of a decedent who dies domiciled outside this state by registered or certified mail, addressed to the personal representative's last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Service of process upon such a personal representative may also be perfected by statutory overnight delivery as provided in Code Section
9-10-12
if the receipt provided by the commercial delivery company is signed by the addressee. Notice by first-class mail is sufficient if certified or registered mail service to the addressee is unavailable. Service may be made upon the personal representative in the manner in which service could have been made under other laws of this state on either the personal representative or the decedent immediately prior to death.
(b)
If service is made on the personal representative as provided in subsection (a) of this Code section, the personal representative shall be allowed at least 30 days within which to appear and respond.
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 5 - FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES (§§ 53-5-30 — 53-5-47) › Part 2 - FOREIGN PERSONAL REPRESENTATIVES (§§ 53-5-42 — 53-5-47) › Section 53-5-47 - Effect of adjudication

An adjudication with respect to personal property rendered in any jurisdiction in favor of or against any personal representative of the estate of a decedent who died outside this state is as binding upon the personal representative as if that person were a party to the adjudication.
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 6 - JURISDICTION (§§ 53-5-50 — 53-5-53) › Section 53-5-50 - Original jurisdiction; petition and pleading requirements

(a)
The probate court shall have original jurisdiction over any petition to vacate, set aside, or amend its order admitting a will to probate.
(b)
A petition under subsection (a) of this Code section may be brought in the probate court to vacate, set aside, or amend its order admitting a will to probate based upon:
(1)
Another will being entitled to be admitted to probate;
(2)
A codicil to the probated will being entitled to be admitted to probate;
(3)
Lack of jurisdiction;
(4)
Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the petitioner; or
(5)
A nonamendable defect that appears upon the face of the record or pleadings.
(c)
(1)
Any such petition based upon paragraph (1) of subsection (b) of this Code section shall be combined with a petition to probate the other will in solemn form.
(2)
Any such petition based upon paragraph (2) of subsection (b) of this Code section shall be combined with a petition to probate the codicil in solemn form.
(3)
In any such petition based upon paragraph (1) or (2) of subsection (b) of this Code section, the court shall consider the petition to probate in solemn form together with the petition to vacate, set aside, or amend; and the court shall grant relief as is appropriate with respect to each matter.
(d)
In any such petition based upon paragraph (5) of subsection (b) of this Code section, it is not sufficient that the pleadings fail to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed.
Amended by 2020 Ga. Laws 508,§ 1-26, eff. 1/1/2021.
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 6 - JURISDICTION (§§ 53-5-50 — 53-5-53) › Section 53-5-51 - Contents of petition; service of notice; issuance of relief

(a)
A petition made pursuant to Code Section
53-5-50
shall set forth the allegations on which such petition is based and the name and address of the then acting personal representative, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served by Code Section
53-5-22
. Such petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate and, if such petition is based upon paragraph (1) or (2) of subsection (b) of Code Section
53-5-50
, for the probate of the newly propounded will or codicil in solemn form and for the issuance of new letters testamentary.
(b)
The beneficiaries under the previously probated will shall be represented in the action by the then acting personal representative, if any; and service of notice upon the personal representative in the same manner as provided for by law under Chapter 11 of this title shall be the equivalent of service of notice upon the beneficiaries.
(c)
If there is no then acting personal representative, such petition and the citation issued thereon shall be served upon the beneficiaries who are required to be served by Code Section
53-5-22
of the previously probated will, in the same manner as upon the heirs, unless all such parties assent to such petition.
(d)
If the then acting personal representative acknowledges service of such petition and notice and assents to the relief in the acknowledgment of service of such petition and notice, the relief prayed for in such petition may issue without delay. In the event there is no then acting personal representative, if all the beneficiaries acknowledge service of such petition and notice and assent in their acknowledgments, such relief may issue without delay.
Amended by 2020 Ga. Laws 508,§ 1-27, eff. 1/1/2021.
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 6 - JURISDICTION (§§ 53-5-50 — 53-5-53) › Section 53-5-52 - Time limitation; filing of petition constitutes claim against estate

(a)
A petition based upon paragraph (1) or (2) of subsection (b) of Code Section
53-5-50
shall be brought before:
(1)
The probate of the previously probated will becomes conclusive upon the petitioner under Code Section
53-5-19
or
53-5-20
; and
(2)
The expiration of the time within which the newly propounded will must be offered for probate under Code Section
53-5-3
.
(b)
A petition based upon paragraph (3) of subsection (b) of Code Section
53-5-50
may be brought at any time.
(c)
In all other instances, a petition made pursuant to this article shall be brought within three years from entry of the order admitting a will to probate.
(d)
The filing of a petition made pursuant to this article shall constitute a claim against a decedent's estate that arose before the death of the decedent for purposes of Code Section
9-3-36
.
Added by 2020 Ga. Laws 508,§ 1-28, eff. 1/1/2021.
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 6 - JURISDICTION (§§ 53-5-50 — 53-5-53) › Section 53-5-53 - Applicability of article

The provisions of this article shall govern in proceedings in the probate court to vacate, set aside, or amend an order admitting a will to probate, and the provisions of Code Section
9-11-60
shall not be applicable to such proceedings.
Added by 2020 Ga. Laws 508,§ 1-28, eff. 1/1/2021.
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 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-60 - Short title

This article shall be known and may be cited as the "Uniform Transfer on Death Security Registration Act."
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 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-61 - Definitions

As used in this article, the term:
(1)
"Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2)
"Register," including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(3)
"Registering entity" means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4)
"Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account.
(5)
"Security account" means:
(A)
A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death;
(B)
An investment management account, investment advisory account, investment agency account, custody account, or any other type of security or trust account with a financial institution as such term is defined in Code Section
7-1-911
, including the securities in the account, the cash balance in the account, and cash equivalents, and any interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death; or
(C)
A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
Amended by 2023 Ga. Laws 346,§ 2, eff. 7/1/2023.
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 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-62 - Ownership of a security

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common.
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 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-63 - Authorization of beneficiary form

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or a similar statute is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
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 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-64 - Registration of a beneficiary form

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
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 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-65 - Words used in beneficiary form

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or the abbreviation "POD," after the name of the registered owner and before the name of a beneficiary.
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 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-66 - Designation of transfer in beneficiary form

The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all the then surviving owners without the consent of the beneficiary.
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 7 - UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION (§§ 53-5-60 — 53-5-71) › Section 53-5-67 - Ownership of registered security after death

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.