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2018 Georgia Code 53-2-21 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-2-21 Case Law from Google Scholar Amendments to OCGA 53-2-21

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 2. Descent and Distribution, 53-2-1 through 53-2-51.

ARTICLE 2 JUDICIAL DETERMINATION OF HEIRS AND INTERESTS

53-2-21. Filing of petition.

Any personal representative, guardian, conservator, committee, trustee, fiduciary, or other person having a status which by operation of law or written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as provided in Code Section 53-2-20. The petition shall allege the names, addresses, ages, and relationship, so far as known to the petitioner, of all parties at interest other than creditors and the nature and character of such interests. The petition shall further allege whether the petitioner has reason to apprehend that there may be others entitled to participate in the distribution whose names are unknown to the petitioner.

(Code 1981, §53-2-21, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries over former OCGA Sec. 53-4-31. For general provisions on the filing of petitions in the probate court, see Chapter 11 of this Title.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1958, p. 361, § 2, are included in the annotations for this Code section.

Cited in Waters v. Roberts, 116 Ga. App. 620, 158 S.E.2d 428 (1967); Stanton v. Dickson, 240 Ga. 15, 239 S.E.2d 741 (1977); Lambert v. Allen, 146 Ga. App. 617, 247 S.E.2d 200 (1978).

RESEARCH REFERENCES

C.J.S.

- 26B C.J.S., Descent and Distribution, §§ 83, 84.

ALR.

- Form and sufficiency of allegations of heirship, 110 A.L.R. 1239.

Questions regarding rights of inheritance or other rights in respect of another's estate after death as proper subject of declaratory action before latter's death, 139 A.L.R. 1239.

Cases Citing Georgia Code 53-2-21 From Courtlistener.com

Total Results: 3

In Re Estate of Diaz

Court: Supreme Court of Georgia | Date Filed: 1999-11-22

Citation: 524 S.E.2d 219, 271 Ga. 742, 99 Fulton County D. Rep. 4130, 1999 Ga. LEXIS 1001

Snippet: 840, 462 S.E.2d 725 (1995); see former OCGA § 53-2-21(b).[2] A review of the record demonstrates that

Bishop v. Kenny

Court: Supreme Court of Georgia | Date Filed: 1996-02-12

Citation: 466 S.E.2d 581, 266 Ga. 231, 96 Fulton County D. Rep. 603, 1996 Ga. LEXIS 68

Snippet: regarding the disposition of his property." OCGA § 53-2-21(b). The testimony of Dr. Bishop, who examined the

Baldwin v. First Tennessee Bank

Court: Supreme Court of Georgia | Date Filed: 1983-10-19

Citation: 251 Ga. 561, 307 S.E.2d 919

Snippet: 81A-156); OCGA § 53-2-20 (Code Ann. § 113-201); OCGA § 53-2-21 (b) (Code Ann. § 113-202). Appellee argues that