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2018 Georgia Code 53-2-8 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-2-8 Case Law from Google Scholar Amendments to OCGA 53-2-8

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 1 GENERAL PROVISIONS

53-2-8. Death intestate, and without ascertainable heirs, of spouse of intestate decedent.

  1. When the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent's death, any undistributed property of the decedent to which the spouse had been entitled prior to the spouse's death shall not escheat but shall be distributed to the heirs of the decedent who would have inherited the property under the intestacy laws if the spouse had predeceased the decedent.
  2. The nonexistence of heirs of the spouse may be determined by publication as provided in Code Section 53-2-51. If no heir of the spouse appears, the property, less the expenses of the proceedings to determine the nonexistence of heirs, shall be paid over as provided in subsection (a) of this Code section.

(Code 1981, §53-2-8, enacted by Ga. L. 1996, p. 504, § 10.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "Code Section" was substituted for "Code section" in the first sentence in subsection (b).

COMMENT

This section is a modification of former OCGA Sec. 44-5-199. The purpose of this section is to provide an alternative intestacy rule to prevent the escheat of certain property of a decedent if the decedent's spouse dies intestate within six months without ascertainable heirs. Under this section, any property of the first decedent to which the spouse is entitled but which has not yet been distributed to the spouse will instead be distributed to the heirs of the first decedent as if the spouse had predeceased the decedent. The law relating to escheat is codified at Code Sec. 53-2-50.

Cases Citing Georgia Code 53-2-8 From Courtlistener.com

Total Results: 7

Harper v. Harper

Court: Supreme Court of Georgia | Date Filed: 2001-10-22

Citation: 554 S.E.2d 454, 274 Ga. 542, 2001 Fulton County D. Rep. 3157, 2001 Ga. LEXIS 826

Snippet: is dead. Even under the prior law, former OCGA § 53-2-8, Caveator still could not recover, as the evidence

Joseph v. Grisham

Court: Supreme Court of Georgia | Date Filed: 1997-03-03

Citation: 482 S.E.2d 251, 267 Ga. 677, 97 Fulton County D. Rep. 711, 1997 Ga. LEXIS 74

Snippet: of which a will can be invalidated under OCGA § 53-2-8. In order for the testatrix's beliefs to constitute

Shore v. Malloy

Court: Supreme Court of Georgia | Date Filed: 1996-07-15

Citation: 267 Ga. 44, 472 S.E.2d 303, 96 Fulton County D. Rep. 2695, 1996 Ga. LEXIS 497

Snippet: Wills (2d ed.), p. 278, § 59. In Georgia, OCGA § 53-2-8 provides an exception to the general rule that

Kaplan v. Kaplan

Court: Supreme Court of Georgia | Date Filed: 1996-04-29

Citation: 469 S.E.2d 198, 266 Ga. 612, 96 Fulton County D. Rep. 1605, 1996 Ga. LEXIS 184

Snippet: caveat on the ground of mistake of fact under OCGA § 53-2-8. The probate court granted the executors' motion

Yancey v. Hall

Court: Supreme Court of Georgia | Date Filed: 1995-06-12

Citation: 265 Ga. 466, 458 S.E.2d 121

Snippet: conduct of the nephew within the meaning of OCGA § 53-2-8. However, in order for Harris' belief to be a "mistake

Dismuke v. C & S TRUST CO.

Court: Supreme Court of Georgia | Date Filed: 1991-09-05

Citation: 407 S.E.2d 739, 261 Ga. 525, 1991 Ga. LEXIS 400

Snippet: trial court did not err in failing to apply OCGA § 53-2-8 inasmuch as appellant was not an heir at law of

Skelton v. Skelton

Court: Supreme Court of Georgia | Date Filed: 1983-11-16

Citation: 308 S.E.2d 838, 251 Ga. 631

Snippet: App. 818, 821 (237 SE2d 223) (1977). [4] OCGA § 53-2-8 (Code Ann. § 113-210) provides "A will executed