O.C.G.A.

O.C.G.A. § 53-10-2 (2019)

Disposition of property upon simultaneous deaths where devolution depends on priority of death

✓ 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.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

When the title to property or the devolution of property depends upon priority of death and there is no sufficient evidence that the individuals have died other than simultaneously, the property of each individual shall be disposed of as if that individual had survived, except as provided otherwise in this chapter.

History

Code 1981, § 53-10-2, enacted by Ga. L. 1996, p. 504, § 10.

Annotations

COMMENT This section carries forward former OCGA Sec. 53-11-2. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-11-2 are included in the annotations for this Code section. Burden of proof on party challenging simultaneous death. - The Simultaneous Death Act becomes applicable if the order of the decedents’ deaths cannot be determined by sufficient evidence. Con-

sistent with this interpretation, the burden is on the party whose claim depends upon survivorship to prove by a preponderance of the evidence that the person upon whom his or her claim depends survived the other decedent. Fiumefreddo v. Scudder, 252 Ga. 279, 313 S.E.2d 683 (1984) (decided under former O.C.G.A. § 53-11-2).

RESEARCH REFERENCES Am. Jur. 2d. - 23 Am. Jur. 2d, Descent and Distribution, §§ 46, 47. 80 Am. Jur. 2d, Wills, §§ 1455, 1456. C.J.S. - 25A C.J.S., Death, §§ 6, 7, 15, 16. 26B C.J.S., Descent and Distribution,

§§ 6 et seq., 83, 84. 96 C.J.S., Wills, §§ 1033 et seq., 1243, 1341, 1348. 97 C.J.S., Wills, §§ 1803, 1811 et seq. U.L.A. - Uniform Simultaneous Death Act (U.L.A.) § 1.

Notes of Decisions

Cited in 2 cases, 1987–1989 · leading case: Babb v. Potts, 360 S.E.2d 44 (Ga. Ct. App. 1987).

Sort: Relevance Newest Treatment

Babb v. Potts, 360 S.E.2d 44 (Ga. Ct. App. 1987). · cites it 2× “See OCGA § 53-10-2 (b). After appellee filed her objection, appellant’s petition for no administration was denied and she was appointed the administrix of her father’s estate.”

Echols v. Hudson, 377 S.E.2d 542 (Ga. Ct. App. 1989). · cites it 2× “Exhaustion of the estate, even if it were a ground for dispensing with administration (but see OCGA § 53-10-2), has not been shown. *781 Decided January 4, 1989.”

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.