ARTICLE 2 JUDICIAL DETERMINATION OF HEIRS AND INTERESTS

53-2-25. Intervention 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 and who is not named as such in any petition filed and pending under this article may file a motion to intervene in the proceeding.

(Code 1981, §53-2-25, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward former OCGA Sec. 53-4-36. The procedure for filing a motion to intervene appears in the Georgia Civil Practice Act at OCGA Secs. 9-11-5 and 9-11-24.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-4-36 are included in the annotations for this Code section.

Cited in O'Regan v. Brennan, 204 Ga. App. 50, 418 S.E.2d 389 (1992).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Descent and Distribution, § 114 et seq.

C.J.S.

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

Cases Citing O.C.G.A. § 53-2-25

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Bishop v. Kenny, 466 S.E.2d 581 (Ga. 1996).

Cited 7 times | Published | Supreme Court of Georgia | Feb 12, 1996 | 266 Ga. 231, 96 Fulton County D. Rep. 603

...The attorney's associate, who witnessed the execution of the will, similarly testified. Although testimony was introduced that the testatrix exhibited forgetfulness and anxiety in her advanced years, this did not demand that the fact finder, the probate court, conclude that the testatrix lacked testamentary capacity. OCGA § 53-2-25....

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2018 Georgia Code 53-2-25 | Car Wreck Lawyer

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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