O.C.G.A.
O.C.G.A.

O.C.G.A. § 53-2-22 (2019)

Petition by person claiming to be heir or distributee

✓ 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.
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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.

History

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

Annotations

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.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1996–2021 · leading case: Bacon v. Smith, 474 S.E.2d 728 (Ga. Ct. App. 1996).
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Bacon v. Smith, 474 S.E.2d 728 (Ga. Ct. App. 1996). · cites it 4× “The trial court merely drew an analogy between the right of a 15 year old to dispose of his property by will, see OCGA § 53-2-22, and 15-year-old Christopher’s right to determine the beneficiaries of his annuities.”
Drayton v. McIntosh Cnty., Georgia (S.D. Ga. 2021). · cites it 2× “” O.C.G.A. § 53-2-22. In addition, Georgia caselaw states that “[p]ersons claiming the right to take an estate as heirs .”
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.