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O.C.G.A. § 53-10-4 — Disposition of property upon simultaneous death of joint owners | Georgia Code
O.C.G.A. § 53-10-4 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 10. Simultaneous Death, 53-10-1 through 53-10-6.

ARTICLE 3 NONDOMICILIARIES

53-10-4. Disposition of property upon simultaneous death of joint owners.

If any stocks, bonds, bank deposits, or other intangible property shall be owned so that one of two joint owners is entitled to the whole on the death of the other and both owners die and there is no sufficient evidence that the two joint owners have died otherwise than simultaneously, these assets shall be distributed one-half as if one joint owner had survived and one-half as if the other joint owner had survived. If there are more than two joint owners and there is no sufficient evidence that all have died other than simultaneously, these assets shall be divided into as many equal shares as there are joint owners and these portions shall be distributed respectively to those who would have taken in the event that each joint owner had survived.

(Code 1981, §53-10-4, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward former OCGA Sec. 53-11-4.

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Descent and Distribution, §§ 46, 47.

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 et seq. 97 C.J.S., Wills, §§ 1803, 1811 et seq.

U.L.A.

- Uniform Simultaneous Death Act (U.L.A.) § 1.

ALR.

- Jurisdiction and power of equity to subject legacy, devise, or distributive share in estate to claim of creditor of legatee devisee, or distributee, 123 A.L.R. 1293.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.