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2018 Georgia Code 53-2-51 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-2-51 Case Law from Google Scholar Amendments to OCGA 53-2-51

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 5 ESCHEAT

53-2-51. Procedure.

  1. If no person has appeared and claimed to be an heir within four years from the date letters of any kind on an intestate decedent's estate were granted, the personal representative shall petition the probate court of the county in which the letters were granted for determination that property has escheated to the state. Such a petition shall set forth the full name of the decedent, the date of death, the fact that no person has appeared and claimed to be an heir, and the property of the estate which may have escheated to the state.
  2. Upon filing of the petition, the probate court shall issue a citation as provided Chapter 11 of this title, requiring the heirs, if any, to file any objection to the petition by a date that is at least 60 days from the date of the citation, and shall order notice by publication to all heirs of the decedent as provided in Code Section 53-11-4.
  3. If no individual files objection as an heir who is entitled to the property on or before the date set in the citation, the court shall order the property to be paid over and distributed to the county board of education to become a part of the educational fund.
  4. If an individual files objection as an heir who is entitled to property, such claim shall be tried as other actions before the court. In such case, no property shall be paid over or distributed to the county board of education until the claim is determined in such manner as to establish that any individual making the claim is not entitled to the property.
  5. When property is paid over or distributed to a county board of education, the administration of the estate shall be terminated following a final return and the granting of a petition for discharge.
  6. The proceedings shall be conclusive upon and shall bind all the heirs of the estate.
  7. All expenses incurred in the administration of such proceedings shall be paid from the property or proceeds of the estate.

(Code 1981, §53-2-51, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 11.)

COMMENT

The sections in this Chapter replace former OCGA Secs. 44-5-190 through 44-5-198. The sections provide that an escheat may occur after four years from the date letters of administration are granted, rather than five years, as provided under former OCGA Sec. 44-5-191. These sections also provide that, once it has been determined in the appropriate manner that an escheat has occurred, the determination shall be binding on all heirs. Under former OCGA Sec. 44-5-194, an heir could file a claim up to three years following the escheat of property to the County Board of Education. OCGA Sec. 44-5-199, which deals with the distribution of property if spouses die intestate within six months of each other, has been modified and appears at Code Sec. 53-2-8.

JUDICIAL DECISIONS

No express statement found.

- Because the only references to mutuality in a joint will under O.C.G.A. § 53-4-31 were in the title of the instrument and in the attestation clause, those references were insufficient to constitute either an "express statement" required by O.C.G.A. § 53-2-51, or an express written "contract" requirement of O.C.G.A. § 53-4-30, and there was no clear and definite agreement so as to trigger the fraud exception; accordingly, the surviving wife's deed of gift of real property to a nephew was not precluded, and the will was revocable because there was no express-written contract to the contrary. Hodges v. Callaway, 279 Ga. 789, 621 S.E.2d 428 (2005).

Cases Citing Georgia Code 53-2-51 From Courtlistener.com

Total Results: 7

Oravec v. Phillips

Court: Supreme Court of Georgia | Date Filed: 2016-04-04

Citation: 298 Ga. 846, 785 S.E.2d 295, 2016 Ga. LEXIS 256, 2016 WL 1295017

Snippet: statement that the wills are mutual wills.” OCGA § 53-2-51 (1967 version). Thus, the earlier version of the

Davis v. Parris

Court: Supreme Court of Georgia | Date Filed: 2011-05-16

Citation: 710 S.E.2d 757, 289 Ga. 201, 2011 Fulton County D. Rep. 1503, 2011 Ga. LEXIS 382

Snippet: the will existed must begin with former OCGA § 53-2-51 (b), which was effective until January 1, 1998

Bandy v. Henderson

Court: Supreme Court of Georgia | Date Filed: 2008-11-25

Citation: 670 S.E.2d 792, 284 Ga. 692, 2008 Fulton County D. Rep. 3865, 2008 Ga. LEXIS 1023

Snippet: because this case is controlled by former OCGA § 53-2-51(b), which was effective until January 1, 1998,

Hodges v. Callaway

Court: Supreme Court of Georgia | Date Filed: 2005-10-24

Citation: 621 S.E.2d 428, 279 Ga. 789, 2005 Fulton County D. Rep. 3202, 2005 Ga. LEXIS 709

Snippet: governs the will in issue: Callaway relies on OCGA § 53-2-51 of the 1967 Code, which was in place at the time

Long v. Waggoner

Court: Supreme Court of Georgia | Date Filed: 2002-01-14

Citation: 558 S.E.2d 380, 274 Ga. 682, 2002 Fulton County D. Rep. 154, 2002 Ga. LEXIS 25

Snippet: that situation for his own benefit. [8] OCGA § 53-2-51(b) (1993). Because Virgil Long died in 1993, and

Coker v. Mosley

Court: Supreme Court of Georgia | Date Filed: 1990-01-11

Citation: 387 S.E.2d 135, 259 Ga. 781

Snippet: were "mutual wills" under the terms of OCGA § 53-2-51. That issue is answered by the plain dictate of

McPherson v. McPherson

Court: Supreme Court of Georgia | Date Filed: 1985-03-15

Citation: 254 Ga. 122, 327 S.E.2d 204, 1985 Ga. LEXIS 633

Snippet: rather than a joint and mutual will, under OCGA § 53-2-51 (b). 3. Appellants also challenge their dismissal