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.
(a) This chapter and Chapters 2 through 11 of this title, as such chapters were enacted by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), and as amended by an Act approved April 29, 1997 (Ga. L. 1997, p. 1352), and as such chapters may be amended in the future, shall be known and may be cited as the ‘‘Revised Probate Code of 1998.’’
(b) Except as otherwise provided by law, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective on January 1, 1998; provided, however, that no vested rights of title, year’s support, succession, or inheritance shall be impaired.
History
Code 1981, § 53-1-1, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 1; Ga. L. 1998, p. 1586, § 5; Ga. L. 2011, p. 752, § 53/HB 142.
Annotations
Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
COMMENT The provisions in Chapters One through Eleven of this Title resulted from an overall revision of Chapters One through Eleven of former OCGA Title 53 that became effective on January 1, 1998. Substantive variations from the former law are noted in the Comments to each section. Modifications in the language of former Code sections, which were made where appropriate for clarity or modernization, are not noted in the Comments. JUDICIAL DECISIONS Application of Revised Probate Code. - Subsequently-enacted legislation which stated that if an administrator was not appointed within five years after the death of an intestate, then the estate property would be vested in decedent’s heirs, and which did not mention anything about divestment of the estate property, did not apply to prevent the probate court from granting the estate administrator’s petition to distribute decedent’s property even though the estate administrator was not appointed for nearly four decades after the death of the decedent, as
the law in effect at the time the estate administrator was appointed had no time limit for the appointment and the subsequently-enacted legislation did not apply to prohibit the estate administrator from being appointed and distributing the property. Williams v. Williams, 259 Ga. App. 888, 578 S.E.2d 582 (2003). Cited in In re Estate of Ehlers, 289 Ga. App. 14, 656 S.E.2d 169 (2007); Huggins v. Powell, 293 Ga. App. 436, 667 S.E.2d 219 (2008); In re Estate of Wade, 331 Ga. App. 535, 771 S.E.2d 214 (2015).
RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. - 8C Am. Jur. Pleading and Practice Forms, Dower and Curtesy, § 1.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1998–2025 · leading case:
Evans v. Palmour, 553 S.E.2d 585 (Ga. 2001).
Evans v. Palmour, 553 S.E.2d 585 (Ga. 2001).
· cites it 4× “OCGA § 53-1-1 (b). Because a will does not become operative until the testator’s death, 1 Redfearn, Wills, Ga.”
Walters v. Stewart, 588 S.E.2d 248 (Ga. Ct. App. 2003).
· cites it 6× “The trial court noted that, pursuant to OCGA § 53-1-1 (b), the revised probate code applies so long as “ 'no vested rights of title, succession or inheritance’ ” are impaired.”
Davis v. Parris, 710 S.E.2d 757 (Ga. 2011).
· cites it 4× “Accordingly, the trial court did not err when it applied the law in place before the 1998 probate code was adopted to determine whether Grady and Fronice Price had a contract not to revoke the 1980 will.”
Richards v. Wadsworth, 496 S.E.2d 535 (Ga. Ct. App. 1998).
· cites it 2× “Now, effective January 1, 1998 as provided in OCGA § 53-1-1, the year’s support criteria are set out in OCGA § 53-3-7.”
Bandy v. Henderson, 670 S.E.2d 792 (Ga. 2008).
· cites it 2× “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: “[ejxcept for mutual wills based on express contract, no wills shall be or shall be construed…”
In re Est. of Price, 751 S.E.2d 487 (Ga. Ct. App. 2013).
· cites it 2× “…The statute was adopted in 1996 as part of the Revised Probate Code of 1998. See Ga. L. 1996, pp. 504, 604, § 10; OCGA § 53-1-1.”
Moore v. MacK, 598 S.E.2d 525 (Ga. Ct. App. 2004).
· cites it 2× “OCGA § 53-1-1. Former OCGA§ 53-4-4 was recodified as OCGA § 53-2-3.”
Burkett v. Est. of Burkett, 548 S.E.2d 628 (Ga. Ct. App. 2001).
· cites it 2× “4 We cannot conclude based on the record before us that the probate court abused its discretion in failing to set aside the entire estate in favor of Rosie Burkett.”
In Re Est. of Garmon, 561 S.E.2d 216 (Ga. Ct. App. 2002).
· cites it 2× “Similarly, OCGA § 53-1-1 (b) of the revised Code states that “[e]xcept as otherwise provided by law, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective on January 1,1998; provided, however, that no vested rights of title, year’s…”
In Re Est. of John Malcolm Wade, 771 S.E.2d 214 (Ga. Ct. App. 2015).
· cites it 2× “See OCGA § 53-1-1 (b) (Revised Probate Code of 1998 became effective on January 1 of that year, “provided, however, that no vested rights of title, year’s support, succession, or inheritance shall be impaired”); McPherson v.”
Williams v. Williams, 578 S.E.2d 582 (Ga. Ct. App. 2003).
· cites it 2× “598, 600-601 ( 184 SE 406 ) (1936) (emphasizing that vesting occurs immediately upon death of the intestate).”
Stewart v. Walters, 602 S.E.2d 642 (Ga. 2004).
· cites it 4× “…no question is presented concerning the propriety of applying the 1998 Revised Probate Code in this situation. See OCGA § 53-1-1.”
— 53-1-1(b) — 1 case
Evans v. Palmour, 553 S.E.2d 585 (Ga. 2001).
“OCGA § 53-1-1 (b). Because a will does not become operative until the testator’s death, 1 Redfearn, Wills, Ga.”
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