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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.

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 Georgia Code 53-2-25 From Courtlistener.com

Total Results: 1

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: testatrix lacked testamentary capacity. OCGA § 53-2-25. Rather, "[t]he amount of intellect necessary to