O.C.G.A.

O.C.G.A. § 53-10-1 (2019)

Short title

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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This chapter may be cited as the ‘‘Uniform Simultaneous Death Act in Georgia.’’

History

Code 1981, § 53-10-1, enacted by Ga. L. 1996, p. 504, § 10.

Annotations

Law reviews. - For comment, ‘‘The Common Disaster: The Fifth Circuits Error in Estate of Carter v. United States

and the Glitch in the ‘Tax on Prior Transfer’ Credit in Valuing Life Estates Created in a Common Disaster,’’ see 40 Emory L.J. 1269 (1991).

COMMENT This section carries forward former OCGA Sec. 53-11-1. RESEARCH REFERENCES U.L.A. - Uniform Simultaneous Death Act (U.L.A.) § 8.

Notes of Decisions

Cited in 5 cases, 1984–1996 · leading case: Tolbert v. Whatley, 478 S.E.2d 587 (Ga. Ct. App. 1996).

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Tolbert v. Whatley, 478 S.E.2d 587 (Ga. Ct. App. 1996). · cites it 2× “See former OCGA § 53-10-1 (1995 ed.). The petition did not misrepresent the facts.”

Echols v. Hudson, 377 S.E.2d 542 (Ga. Ct. App. 1989). · cites it 3× “Appellant complains on appeal, as he did below, that appellee’s petition was defective because it did not allege, as is required by OCGA § 53-10-1 (b), that the estate had no debts and that all the heirs had agreed upon a division of the estate amicably among themselves.”

Nat'l Sec. Fire & Cas. Co. v. London, 348 S.E.2d 580 (Ga. Ct. App. 1986). · cites it 2× “Although no administrator was appointed, a petition pursuant to OCGA § 53-10-1 was never filed. Compare Clark v.”

Babb v. Potts, 360 S.E.2d 44 (Ga. Ct. App. 1987). · cites it 2× “See OCGA § 53-10-1. Appellee objected, asserting that she was a creditor to whom Wilson was indebted for 54 months of room and board at $500 per month.”

Hurst v. Gray, 310 S.E.2d 524 (Ga. 1984). · cites it 4× “His wife filed a petition pursuant to OCGA § 53-10-1 (a) (Code Ann. § 113-1232) for an order of “no administration necessary” on the estate of Clarence Gray, alleging that her husband died intestate.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.