O.C.G.A. § 44-13-11 (2019)
Approval of application; transmittal of copy of exempted real property to other counties; recordation
If, at the time and place appointed for passing upon the application, no objection is raised by any creditor of the applicant, the judge of the probate court shall endorse upon the schedule and upon the plat: “Approved this the day of , ,” filling the blanks, and shall sign the schedule and plat officially and hand such application to the clerk of the superior court of the clerk’s county; and, when land out of the clerk’s county is exempted, the judge shall transmit a certified copy of the exempted real property to the clerk of the superior court of each county in which exempted land is located. Each clerk of the superior court of a county in which exempted land is located shall record the exempted real property in a book to be kept for that purpose.
History
Ga. L. 1868, p. 27, § 5; Code 1873, § 2009; Ga. L. 1877, p. 18, § 1; Code 1882, § 2009; Civil Code 1895, § 2835; Ga. L. 1898, p. 51, § 1; Civil Code 1910, § 3385; Code 1933, § 51-402; Code 1981, § 44-1312; Ga. L. 1982, p. 3, § 44; Code 1981, § 44-13-11, as redesignated by Ga. L. 1983, p. 1170, § 2; Ga. L. 1999, p. 81, § 44; Ga. L. 2011, p. 99, § 83/HB 24.
Annotations
Editor’s notes. Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-12 as this Code section. The 1983 Act also redesignated former Code Section
44-13-11, relating to survey of exempted real property, as present Code Section Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013. Law reviews. For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).
JUDICIAL DECISIONS In general. - Among other requisites to constitute a valid judgment setting aside a homestead to the head of a family, the ordinary (now probate judge) shall endorse the approval upon the schedule of property, and upon the plat of the surveyor. Larey v. Baker, 85 Ga. 687, 11 S.E. 800, 1890 Ga. LEXIS 134 (1890); West v. McWhorter, 141 Ga. 590, 81 S.E. 859, 1914 Ga. LEXIS 61 (1914); King v. King, 143 Ga. 385, 85 S.E. 95, 1915 Ga. LEXIS 450 (1915); Cook v. Hendricks, 146 Ga. 63, 90 S.E. 383, 1916 Ga. LEXIS 580 (1916). Application itself need not be approved. Larey v. Baker, 85 Ga. 687, 11 S.E. 800, 1890 Ga. LEXIS 134 (1890). Presumptions. - Liberal presumptions are indulged in favor of the regularity of homestead proceedings. A proper order to the surveyor will be presumed where the ordinary has approved the plat returned; and approval of the “homestead” means substantially approval of the plat and the schedule conformably to O.C.G.A. § 44-13-11. Timothy v. Chambers, 85 Ga. 267, 11 S.E. 598, 1890 Ga. LEXIS 39 (1890). Original papers as evidence. - The original homestead papers, not the record of them from the clerk’s office, were proper
evidence. Larey v. Baker, 85 Ga. 687, 11 S.E. 800, 1890 Ga. LEXIS 134 (1890). Proof of lost papers. - Proof being made by complainants of the loss of the original homestead papers by depositions of the head of the family, and of the clerk of the superior court and ordinary (now probate judge), a certified copy from the clerk’s office was properly admitted. Brown v. Driggers, 62 Ga. 354, 1879 Ga. LEXIS 527 (1879). Establishing lost papers. - The original schedule and plat are private papers and, if lost, may be established by the superior court where they had been approved and recorded. Paschal v. Turner, 116 Ga. 736, 42 S.E. 1010, 1902 Ga. LEXIS 239 (1902). Recordation required. - Homestead papers do not become muniments of title of those interested in the homestead until they have been duly recorded in the office of the clerk of the superior court. Paschal v. Hutchinson, 119 Ga. 243, 46 S.E. 103, 1903 Ga. LEXIS 773 (1903). Record by clerk. - Under O.C.G.A. § 44-13-11 the application as well as the schedule is to be recorded by the clerk. Paschal v. Hutchinson, 119 Ga. 243, 46 S.E. 103, 1903 Ga. LEXIS 773 (1903).
RESEARCH REFERENCES C.J.S. 40 C.J.S., Homesteads, §§ 149, 150. ALR. Estate or interest in real property to
which a homestead claim may attach, 89 A.L.R. 511; 74 A.L.R.2d 1355.