O.C.G.A. § 53-1-13 (2019)
Consideration of satisfaction or advancement when recipient predeceases transferor
Unless the writing described in subsection (c) of Code Section 53-1-10 or the testator’s will expressly provides otherwise, a satisfaction or an advancement is considered when computing the division and distribution of the transferor’s estate even if the recipient of the satisfaction or advancement fails to survive the transferor.
History
Code 1981, § 53-1-13, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
Law reviews. - For article, ‘‘The Time Gap in Wills: Shifting Assets and Shrinking Estates - Obsolescence and Testa-
mentary Planning in Georgia,’’ see 6 Ga. L. Rev. 649 (1972). For article discussing concept of advancements, see 10 Ga. L. Rev. 447 (1976).
COMMENT This section replaces former OCGA Sec. 53-4-52. Under this section, even if the recipient of the satisfaction or advancement fails to survive the transferor, the transfer will be considered when distributing the transferor’s estate unless the writing or the transferor’s will expressly provides otherwise. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933,
§ 113-1015, are included in the annotations for this Code section.
Cited in Treadwell v. Everett, 185 Ga. 454, 195 S.E. 762 (1938). RESEARCH REFERENCES Am. Jur. 2d. - 3 Am. Jur. 2d, Advancements, §§ 5, 8.
C.J.S. - 26B C.J.S., Descent and Distribution, § 98.
ARTICLE 3 RENUNCIATION