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2018 Georgia Code 53-3-14 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-3-14 Case Law from Google Scholar Amendments to OCGA 53-3-14

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 5 ESCHEAT

53-3-14. Real property subject to option to purchase or contract to sell.

If year's support is set apart for the benefit of any individual in or with respect to real property on which there is a recorded option to purchase or contract to sell outstanding at the time the same is so set apart, the individual and any purchasers or lessees of the real property, after the same has been so set apart, shall take the real property or any interest therein subject to all of the rights and privileges of the grantee of the option or contract and of any assignees of the option or contract if the assignment or assignments are also recorded.

(Code 1981, §53-3-14, enacted by Ga. L. 1996, p. 504, § 10.)

Law reviews.

- For note, "Advantages and Disadvantages of Intestate Death for Married Persons With an Estate of $120,000 or Less," see 9 Ga. St. B.J. 102 (1972).

COMMENT

This section carries forward former OCGA Sec. 53-5-17.

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Executors and Administrators, §§ 690, 691.

C.J.S.

- 34 C.J.S., Executors and Administrators, §§ 454, 456.

ALR.

- Time in which option created by will to purchase real estate is to be exercised, 82 A.L.R.3d 790.

Cases Citing O.C.G.A. § 53-3-14

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Higginbotham v. Rice, 271 Ga. 262 (Ga. 1999).

Cited 3 times | Published | Supreme Court of Georgia | Jun 7, 1999 | 517 S.E.2d 784, 99 Fulton County D. Rep. 2147

...sonally with a citation in a proceeding for probate in solemn form must file a response “on or prior to a date certain, which shall be a date for which hearing could be set according to the laws governing the particular proceeding.”2 Former OCGA § 53-3-14 governs proceedings prior to 1998 for the probate of a will in solemn form. Former OCGA § 53-3-14 provided that service on a known party *263who resided outside the state shall be perfected by publication, and the published notice shall be directed and addressed to known parties residing outside the state....
...law and included her address in Utah. She was served a copy of the petition, will, order for citation, and citation by certified mail; the return receipt was filed with the probate court on October 21, 1997. The citation tracked the language of OCGA § 53-3-14 (c)....
...Thus, the citation gave Rice sufficient notice that November 3 was the deadline for appearing in probate court or filing a written objection. Because the citation stated a “date certain” for filing a written response, it complied with the provisions of OCGA §§ 15-9-86.1 and 53-3-14. Although the November 3 hearing was continued after other persons interested in the estate filed a timely caveat, this continuance did not extend the time for Rice or any other heir to file a caveat....
...Because Rice did not file her caveat by November 3, the probate court correctly dismissed her objections as untimely. Judgment reversed. All the Justices concur. Rice v. Higginbotham, 235 Ga. App. 378 (508 SE2d 736) (1998). OCGA § 15-9-86.1 (b) (1). Former OCGA § 53-3-14 (c). Former OCGA § 53-3-14 (d).