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2018 Georgia Code 53-2-51 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-2-51 Case Law from Google Scholar Amendments to OCGA 53-2-51

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 2. Descent and Distribution, 53-2-1 through 53-2-51.

ARTICLE 5 ESCHEAT

53-2-51. Procedure.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. The proceedings shall be conclusive upon and shall bind all the heirs of the estate.
  7. All expenses incurred in the administration of such proceedings shall be paid from the property or proceeds of the estate.

(Code 1981, §53-2-51, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 11.)

COMMENT

The sections in this Chapter replace former OCGA Secs. 44-5-190 through 44-5-198. The sections provide that an escheat may occur after four years from the date letters of administration are granted, rather than five years, as provided under former OCGA Sec. 44-5-191. These sections also provide that, once it has been determined in the appropriate manner that an escheat has occurred, the determination shall be binding on all heirs. Under former OCGA Sec. 44-5-194, an heir could file a claim up to three years following the escheat of property to the County Board of Education. OCGA Sec. 44-5-199, which deals with the distribution of property if spouses die intestate within six months of each other, has been modified and appears at Code Sec. 53-2-8.

JUDICIAL DECISIONS

No express statement found.

- Because the only references to mutuality in a joint will under O.C.G.A. § 53-4-31 were in the title of the instrument and in the attestation clause, those references were insufficient to constitute either an "express statement" required by O.C.G.A. § 53-2-51, or an express written "contract" requirement of O.C.G.A. § 53-4-30, and there was no clear and definite agreement so as to trigger the fraud exception; accordingly, the surviving wife's deed of gift of real property to a nephew was not precluded, and the will was revocable because there was no express-written contract to the contrary. Hodges v. Callaway, 279 Ga. 789, 621 S.E.2d 428 (2005).

Cases Citing O.C.G.A. § 53-2-51

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Coker v. Mosley, 387 S.E.2d 135 (Ga. 1990).

Cited 18 times | Published | Supreme Court of Georgia | Jan 11, 1990 | 259 Ga. 781

...Summers, Jones & O'Donnell, E. B. Jones, Jr., Ezra B. Jones III, for Mosley et al. WELTNER, Justice. 1. (a) The principal issue in this appeal is whether the wills executed by Roy and Alice Esther Holland, husband and wife, were "mutual wills" under the terms of OCGA § 53-2-51....
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Hodges v. Callaway, 621 S.E.2d 428 (Ga. 2005).

Cited 10 times | Published | Supreme Court of Georgia | Oct 24, 2005 | 279 Ga. 789, 2005 Fulton County D. Rep. 3202

...Callaway contends that the will, although joint, was not mutual and did not preclude Mrs. Jones from making an inter vivos gift of the property to him. The parties also disagree as to which version of the Probate Code governs the will in issue: Callaway relies on OCGA § 53-2-51 of the 1967 Code, which was in place at the time of Mr....
...(Emphasis supplied.) The 1967 Code provided that "[m]utual wills may be made either separately or jointly ... (b) Except for mutual wills based on express contract, no wills shall be or shall be construed to be mutual wills unless there is contained in both wills an express statement that the wills are mutual wills." OCGA § 53-2-51....
...(Emphasis supplied.) Id. at 746, 144 S.E. 319. The only references to mutuality in the will executed by Mr. and Mrs. Jones are in the title of the instrument and the attestation clause. This is insufficient to constitute an "express statement" required by OCGA § 53-2-51, or the express written "contract" requirement of OCGA § 53-4-30....
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Bandy v. Henderson, 670 S.E.2d 792 (Ga. 2008).

Cited 7 times | Published | Supreme Court of Georgia | Nov 25, 2008 | 284 Ga. 692, 2008 Fulton County D. Rep. 3865

...However, she has not put into evidence any copy of a will *795 executed by Joseph. Further, nothing in Tommie's will can be construed to be a statement that it was a mutual will with that of Joseph. Such a statement in Tommie's will is necessary to create mutual wills because this case is controlled by former OCGA § 53-2-51(b), which was effective until January 1, 1998, and read: "[e]xcept for mutual wills based on express contract, no wills shall be or shall be construed to be mutual wills unless there is contained in both wills an express statement that the...
...ed in 1994, and thus, any right Bandy had in the property vested in 1994. See OCGA § 53-1-1(b); Hodges v. Callaway, 279 Ga. 789, 790 (n. 3), 621 S.E.2d 428 (n. 3), (2005); Coker v. Mosley, 259 Ga. 781(1)(a) & (b), 387 S.E.2d 135 (1990). Former OCGA § 53-2-51(b) was not met, and thus the existence of mutual wills could not be shown....
...he survivor of them the property was to go to Bandy testified on cross-examination that she had confused the terms "will" and "agreement." [5] To the extent that Bandy argues that there were "mutual wills based on express contract" under former OCGA § 53-2-51(b), no evidence of such a contract appears in the record, and, thus, there can be no finding of mutual wills....
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Davis v. Parris, 710 S.E.2d 757 (Ga. 2011).

Cited 5 times | Published | Supreme Court of Georgia | May 16, 2011 | 289 Ga. 201, 2011 Fulton County D. Rep. 1503

...code, a mutual will was a will that made reciprocal devises of property and could be separately or jointly executed. Ricketson v. Fox, 247 Ga. 162(3), 274 S.E.2d 556 (1981) (citing Code Ann. § 113-104, [2] precursor to what the parties cite as OCGA § 53-2-51)....
...I concur in the judgment of affirmance, but write separately because the analysis in Division 2 of the majority opinion is incomplete. Determination of whether the 1980 will was *761 "mutual" such that an enforceable contract not to revoke the will existed must begin with former OCGA § 53-2-51(b), which was effective until January 1, 1998, and read: "(e)xcept for mutual wills based on express contract, no wills shall be or shall be construed to be mutual wills unless there is contained in both wills an express statement that the wills are mutual wills." Bandy v....
...mutual. Compare Hodges v. Callaway, supra at 792(1), 621 S.E.2d 428 (references to mutuality in the will which were in the title of the instrument and the attestation clause were insufficient to constitute the express statement contemplated by OCGA § 53-2-51(b) that the will was mutual)....
...282, 283(1), 240 S.E.2d 33 (1977). Although Simmons was decided ten years after the effective date of the 1967 amendment, it makes no mention of the amendment. To the extent that Simmons and the majority opinion in this case omit the requisite application of former OCGA § 53-2-51(b), their holdings are "contrary to the plain meaning of the statute." Coker v....
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Long v. Waggoner, 558 S.E.2d 380 (Ga. 2002).

Cited 2 times | Published | Supreme Court of Georgia | Jan 14, 2002 | 274 Ga. 682, 2002 Fulton County D. Rep. 154

...benefits paid to the testator. Id. Thus, unlike the present appeal, our ruling in Dyer was based in large part upon evidence of a grantor of weak mentality and of a grantee who may have taken advantage of that situation for his own benefit. [8] OCGA § 53-2-51(b) (1993)....
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Oravec v. Phillips, 298 Ga. 846 (Ga. 2016).

Cited 1 times | Published | Supreme Court of Georgia | Apr 4, 2016 | 785 S.E.2d 295

...er separately or jointly . . . (b) Except for mutual wills based on express contract, no wills shall be or shall be construed to be mutual wills unless there is contained in both wills an express statement that the wills are mutual wills.” OCGA § 53-2-51 (1967 Version). Thus, the earlier version of the Probate Code required an express contract or an express statement of intent as to the mutuality of a will....
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McPherson v. McPherson, 254 Ga. 122 (Ga. 1985).

Cited 1 times | Published | Supreme Court of Georgia | Mar 15, 1985 | 327 S.E.2d 204

...This provision shows that the testators did not intend to bind themselves to the testamentary scheme found in the joint will, and it renders Simmons inapplicable. We thus hold that the trial court did not err in ruling this a joint will, rather than a joint and mutual will, under OCGA § 53-2-51 (b). 3....