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2018 Georgia Code 15-9-32 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-9-32 Case Law from Google Scholar Amendments to OCGA 15-9-32

TITLE 15 COURTS

Section 9. Probate Courts, 15-9-1 through 15-9-158.

ARTICLE 2 JURISDICTION, POWER, AND DUTIES

15-9-32. Jurisdiction over estate of nonresident with property or cause in several counties.

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.

(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.)

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.

Cases Citing O.C.G.A. § 15-9-32

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Porter v. Calhoun Cnty. Bd. of Commissioners, 252 Ga. 446 (Ga. 1984).

Cited 3 times | Published | Supreme Court of Georgia | Apr 17, 1984 | 314 S.E.2d 649

...Judgment affirmed. All the Justices concur. Former OCGA §§ 15-22-1 through 15-22-8 (Code Ann. § 27-2901 through § 24-309c), repealed by Ga. Laws 1983, p. 884, § 7-1, effective June 30, 1983. Compare The Probate Courts Act, OCGA § § 15-9-30 through 15-9-32 (Code Ann....
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Escareno v. Carl Nolte Sohne GmbH, 270 Ga. 264 (Ga. 1998).

Published | Supreme Court of Georgia | Nov 23, 1998 | 507 S.E.2d 743, 98 Fulton County D. Rep. 3942

...The district court again dismissed the suit, holding that the probate court in Fulton County lacked jurisdiction under OCGA § 15-9-31 to appoint an administrator because Escareno, a resident of Mexico, did not have property in Fulton County or a cause of action against a Fulton County resident. OCGA § 15-9-32 and OCGA § 15-9-31 (2) address the jurisdiction of a probate court over the estate of a nonresident. OCGA § 15-9-32 provides that, [w]hen 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. Similarly, OCGA § 53-6-2...