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Call Now: 904-383-7448Any 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.)
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.
- 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).
- 26B C.J.S., Descent and Distribution, §§ 83, 84.
- 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.
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