O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
When a nonresident decedent has property or a cause of action in more than one county, letters of administration may be granted in any county in which such property or cause of action is located. The judge of the probate court who first grants such letters acquires exclusive jurisdiction.
History
Orig. Code 1863, § 309; Code 1868, § 369; Code 1873, § 334; Code 1882, § 334; Civil Code 1895, § 4235;
Civil Code 1910, § 4793; Code 1933, § 24-1903.
Annotations
JUDICIAL DECISIONS Exclusive jurisdiction when granting temporary letters of administration. - Granting of temporary letters of administration upon the estate of a deceased nonresident of the state in a county
vests exclusive jurisdiction in the ordinary (now probate judge) of that county so as to preclude the subsequent granting of temporary or permanent letters of administration upon such estate in another
county of this state in which such nonresident may also have property, and this is true even though the application for permanent letters of administration may have been filed in the second county prior to the grant of the temporary letters in the
first county. McPhail v. Barnhill, 42 Ga. App. 505, 156 S.E. 466 (1931). Cited in Escareno v. Carl Nolte Sohne GmbH & Co., 77 F.3d 407 (11th Cir. 1996); Escareno v. Carl Nolte Sohne GmbH, 270 Ga. 264, 507 S.E.2d 743 (1998).
RESEARCH REFERENCES ALR. - Power to impound assets of nonresident decedent in state, 44 A.L.R. 801.
Notes of Decisions
Escareno v. Noltina Crucible & Refractory Corp., 152 F.R.D. 661 (N.D. Ga. 1993).
· cites it 5× “Plaintiffs principal argument in support of this construction is the language of O.C.G.A. § 15-9-32, which regulates jurisdiction in cases where more than one county’s probate court has the power exercise jurisdiction under § 15-9-31.”
Escareno v. Carl Nolte Sohne GmbH, 507 S.E.2d 743 (Ga. 1998).
· cites it 4× “OCGA § 15-9-32 and OCGA § 15-9-31 (2) address the jurisdiction of a probate court over the estate of a nonresident.”
Escareno v. Noltina Crucible, 163 F.3d 1257 (11th Cir. 1998).
“Plaintiff’s argument in support of interpreting this provision to require that a lawsuit be pending in a county involves the construction of another statute, O.C.G.A. § 15-9-32, which provides that “[w]hen a nonresident decedent has property or a cause of action in more than one…”
Escareno v. Noltina Crucible, 163 F.3d 1257 (11th Cir. 1998).
“Plaintiff's argument in support of interpreting this provision to require that a lawsuit be pending in a county involves the construction of another statute, O.C.G.A. § 15-9-32, which provides that "[w]hen a nonresident decedent has property or a cause of action in more than one…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.