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2018 Georgia Code 53-3-13 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-3-13 Case Law from Google Scholar Amendments to OCGA 53-3-13

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 3. Year's Support, 53-3-1 through 53-3-20.

ARTICLE 5 ESCHEAT

53-3-13. Sale or conveyance of property by personal representative prior to award.

The right of a surviving spouse or minor child to year's support from the estate of a decedent shall be barred by a sale or conveyance made prior to the award of year's support by the personal representative of the estate under authority of a court of competent jurisdiction or under power in a will; provided, however, that the sale or conveyance shall bar year's support and rights to year's support only as to the property sold or conveyed.

(Code 1981, §53-3-13, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward former OCGA Sec. 53-5-14.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1972, p. 731, § 1, and former O.C.G.A. § 53-5-14 are included in the annotations for this Code section.

Property of a decedent may be sold free from a year's support only under the provisions of this statute by a sale or conveyance made under court order or under power contained in a will by the representative prior to the setting apart of such year's support. Knowles v. Knowles, 125 Ga. App. 642, 188 S.E.2d 800 (1972) (decided under Ga. L. 1972, p. 731, § 1).

Widow's application for year's support is not barred by executor's deed of assent as to the property conveyed therein by operation of this statute. Anderson v. Groover, 242 Ga. 50, 247 S.E.2d 851 (1978) (decided under Ga. L. 1972, p. 731, § 1).

An executor's assent to devise does not come within the meaning of this statute, which was intended to offer protection to third-party purchasers of property in an estate against claims for year's support, and was not intended to exempt devises and legacies from year's support. Anderson v. Groover, 242 Ga. 50, 247 S.E.2d 851 (1978) (decided under Ga. L. 1972, p. 731, § 1).

Widow of the decedent was entitled to a year's support since the estate still contained over $45,000.00 and no action had been taken by the executor to obtain the court's permission to distribute those funds to the minor child of the decedent; the executor's attempt to designate the funds for the minor by purchasing a cashier's check after the application was filed by the widow was of no avail. Evans v. Evans, 236 Ga. App. 896, 514 S.E.2d 74 (1999) (decided under former O.C.G.A. § 53-5-14).

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 324, 326, 327.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 453, 456, 459, 465.

Cases Citing O.C.G.A. § 53-3-13

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Garner v. Harrison, 400 S.E.2d 925 (Ga. 1991).

Cited 16 times | Published | Supreme Court of Georgia | Feb 28, 1991 | 260 Ga. 866

...Under Mullane v. Central Hanover Bank &c. Co., 339 U. S. 306 (70 SC 652, 94 LE 865) (1950), it is clear that due process prohibits deprivation of property without notice and an opportunity to be heard. In McKnight v. Boggs we held that former OCGA § 53-3-13 was unconstitutional because it did not require notice to propounders and beneficiaries of another will previously filed for probate in the same county. We are asked to construe OCGA § 53-3-13 as amended following McKnight v....
...estator filed in the same county. It is a fundamental principle of statutory construction that if possible a statute will be construed in such a way as to find it constitutional. Hahn v. State, 166 Ga. App. 71 (303 SE2d 299) (1983). To construe OCGA § 53-3-13 as constitutional, we hold that the statute requires the propounder of any will to give notice to the propounders and beneficiaries of any other wills of the testator offered for probate in the same county....
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Ray v. Stewart, 700 S.E.2d 367 (Ga. 2010).

Cited 4 times | Published | Supreme Court of Georgia | Sep 20, 2010 | 287 Ga. 789, 2010 Fulton County D. Rep. 3025

...the effect of terminating devisee's legally protected interest in that property); Garner v. Harrison, 260 Ga. 866, 869(2), 400 S.E.2d 925 (1991) (because the inchoate property interest of a devisee under a will is a legally protected interest, OCGA § 53-3-13 "requires the propounder of any will to *370 give notice to the propounders and beneficiaries of any other wills of the testator offered for probate in the same county")....
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McKnight v. Boggs, 322 S.E.2d 283 (Ga. 1984).

Cited 3 times | Published | Supreme Court of Georgia | Nov 16, 1984 | 253 Ga. 537

...BOGGS. 41514. Supreme Court of Georgia. Decided November 16, 1984. George M. Rountree, for appellant. Robert P. Killian, for appellee. WELTNER, Justice. This is an appeal from an order of the Glynn County Superior Court declaring unconstitutional OCGA § 53-3-13, which requires that notice to probate a will in solemn form be given only to heirs-at-law....
...eneficiary. After Hilton's death, Boggs filed a petition to probate the first will in common form, which was granted. Six days later, McKnight filed a petition to probate the second will in solemn form, and gave notice to the heirs, pursuant to OCGA § 53-3-13....
...Boggs had a protected interest as a legatee of a will previously filed for probate. She was given no notice of McKnight's petition, although there is evidence that McKnight was aware of the prior proceedings and knew that her interest could be affected adversely by probate of the second will. We declare that OCGA § 53-3-13 violates our due process requirement insofar as it fails to require that notice be given to propounders and beneficiaries of another purported will of the decedent which has been filed previously for probate within the same county....
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Mason v. Phillips, 290 Ga. 433 (Ga. 2012).

Published | Supreme Court of Georgia | Jan 23, 2012 | 722 S.E.2d 49, 2012 Fulton County D. Rep. 194

...To probate a will in solemn form under the pre-1998 Probate Code, the petitioner may prove the will “by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator if the witnesses are dead, blind, incompetent, or inaccessible.” OCGA § 53-3-13 (a) (1997) (current version at OCGA § 53-5-21 (2011))....