Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 53-2-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-2-22 Case Law from Google Scholar Amendments to OCGA 53-2-22

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

53-2-22. Petition by person claiming to be heir or distributee.

Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to either the probate court or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of interest established. The petition in such a case shall contain the same averments as to all parties at interest required of persons filing under Code Section 53-2-21 with the person charged with the duty of distribution being named as a party.

(Code 1981, §53-2-22, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries over former OCGA Sec. 53-4-32. 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, § 3, are included in the annotations for this Code section.

Action to determine heirship to be brought against all interested parties.

- An action by one who deems oneself to be an heir or to be interested as a distributee must be brought against the person charged with the duty of distribution and against all other known parties at interest except creditors of the estate. Pike v. Armburst, 117 Ga. App. 756, 161 S.E.2d 896 (1968) (decided under Ga. L. 1958, p. 361, § 3).

Cited in Stanton v. Dickson, 240 Ga. 15, 239 S.E.2d 741 (1977).

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.

Time as of which members of class described as grantor's or settler's "heirs," "next of kin," "relations," and the like to whom a future gift is made, are to be ascertained, 38 A.L.R.2d 327.

Validity and enforceability of provision of will or trust instrument for forfeiture or reduction of share of contesting beneficiary, 23 A.L.R.4th 369.

No results found for Georgia Code 53-2-22.