O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-6-184 (2019)

Appraisal of heirs property; other method to determine value; notice of value; required hearing.

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
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Except as otherwise provided in subsections (b) and (c) of this Code section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d) of this Code section. If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation. If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value. If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. Upon completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court. If an appraisal is conducted pursuant to subsection (d) of this Code section, not later than ten days after the appraisal is filed, the court shall send notice to each party with a known address, stating: The appraised fair market value of the property; That the appraisal is available at the clerk's office; and That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection. If an appraisal is filed with the court pursuant to subsection (d) of this Code section, the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (e) of this Code section, whether or not an objection to the appraisal is filed under paragraph (3) of subsection (e) of this Code section. In addition to the court ordered appraisal, the court may consider any other evidence of value offered by a party. After a hearing under subsection (f) of this Code section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.

History

(Code 1981, § 44-6-184 , enacted by Ga. L. 2012, p. 97, § 2/HB 744.)

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2018–2022 · leading case: MacHelle P. Morton v. Kevin Joiner Pitts, 851 S.E.2d 141 (Ga. Ct. App. 2020).
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MacHelle P. Morton v. Kevin Joiner Pitts, 851 S.E.2d 141 (Ga. Ct. App. 2020). · cites it 22× “OCGA § 44-6-184 (a). Appellant Machelle P.”
Faison v. Faison, 811 S.E.2d 431 (Ga. Ct. App. 2018). · cites it 2× “Less than 30 days after entry of the final order, Appellants and Bertine Faison filed a motion to set aside the final order and for a new trial, arguing in part that the court had failed to order or submit an appraisal, as required by OCGA § 44-6-184 of the Uniform Partition of…”
Paula Whatley Matabane v. Lynn Whatley, 873 S.E.2d 730 (Ga. Ct. App. 2022). · cites it 9× “” OCGA § 44-6-184 (a). The trial court’s act of ordering an appraisal is a preliminary step in the statutory scheme for determining how to partition the property.”
Daryl Faison v. Lora Lynn Faison, No. A17A1610 (Ga. Ct. App. Feb. 20, 2018). · cites it 2× “Less than 30 days after entry of the final order, Appellants and Bertine Faison filed a motion to set aside the final order and for a new trial, arguing in part that the court had failed to order or submit an appraisal, as required by OCGA § 44-6-184 of the Uniform Partition of…”
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