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2018 Georgia Code 53-3-20 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-3-20 Case Law from Google Scholar Amendments to OCGA 53-3-20

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 5 ESCHEAT

53-3-20. Conveyance or encumbrance by surviving spouse of property set aside; approval of probate court.

  1. The approval of the probate court required by subsection (b) of Code Section 53-3-19 shall be obtained in the following manner: The surviving spouse shall petition the probate court, stating the purposes of the proposed conveyance or encumbrance and describing the property the spouse desires to convey or encumber, the nature of the proposed conveyance or encumbrance, and the names, last known addresses, and ages of the children for whose benefit the year's support was set apart. If the surviving spouse has died, the petition may be made by the guardian for any one or more of the children for whose benefit the year's support was set apart. The probate court shall set a date for hearing on the petition and shall appoint a guardian ad litem who shall accept the appointment in writing to represent the minor children. Not less than ten days prior to the date set for the hearing, personal service shall be made on each child for whose benefit the year's support was set apart who has attained the age of 18 at the time the petition is filed. If the surviving spouse does not know and cannot easily ascertain the addresses of any of the children, service shall be made by publishing notice of the date and purpose of the hearing one time and by posting a copy of the notice at the courthouse not less than ten days prior to the date set for the hearing. In addition to publication, the probate court shall mail a copy of the notice to the last known address of each child whose current address is unknown, not less than ten days prior to the date set for such hearing. Objections, if any, shall be made in writing.
  2. At the hearing, the probate court shall determine that service has been made as required by this Code section and that the purpose or purposes of the proposed conveyance or encumbrance are proper and shall pass an order reciting due compliance with this Code section and approval of the proposed conveyance or encumbrance, which order shall be final and conclusive.
  3. The proceedings shall be indexed and recorded in books to be kept for that purpose by the probate court in each county in which any of the property is located.
  4. An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases.

(Code 1981, §53-3-20, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section carries forward former OCGA Sec. 53-5-21.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-5-21 are included in the annotations for this Code section.

Interlocutory award of year's support.

- Former O.C.G.A. § 53-5-21 gave a right to appeal to the superior court an award of year's support, even if the estate is not fully probated or administered. Goodman v. Independent Life & Accident Ins. Co., 196 Ga. App. 783, 397 S.E.2d 56 (1990) (decided under former O.C.G.A. § 53-5-21).

Interest in year's support property.

- Trial court did not err in refusing to set aside as void any sale of year's support property by a mother because the question of the extent of daughters' interests in the year's support property was resolved in a partitioning judgment, which awarded the daughters their share of the year's support property; because the partitioning judgment was not appealed, the daughters could not complain that the daughters had a greater interest in the property than that which was awarded. Cabrel v. Lum, 289 Ga. 233, 710 S.E.2d 810 (2011).

Cited in McCoy v. Patten Ga. Corp., 260 Ga. 877, 401 S.E.2d 9 (1991).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 53-5-21 are included in the annotations for this Code section.

What must be kept in books established.

- Clerks of probate courts must enter documents and proceedings in sets of books established by O.C.G.A. §§ 15-9-37(8) and former53-5-21 and must also enter them in minutes of court under § 15-9-37(7), if such matters are applications to court or orders of court, or otherwise show what was done in probate court. 1981 Op. Att'y Gen. No. U81-41 (decided under former O.C.G.A. § 53-5-21).

Cases Citing Georgia Code 53-3-20 From Courtlistener.com

Total Results: 1

CABREL v. Lum

Court: Supreme Court of Georgia | Date Filed: 2011-05-31

Citation: 710 S.E.2d 810, 289 Ga. 233, 2011 Fulton County D. Rep. 1602, 2011 Ga. LEXIS 437

Snippet: probate court pursuant to OCGA §§ 53-3-19(b); 53-3-20. When a surviving spouse sells year's support property