O.C.G.A. § 53-3-20 (2019)
Conveyance or encumbrance by surviving spouse of property set aside; approval of probate court
(a) 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.
(b) 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.
(c) 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.
(d) An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases.
History
Code 1981, § 53-3-20, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
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 former 53-5-21 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).
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CHAPTER 4 WILLS
Article 1
General Provisions.
53-4-1. Power of testator.
53-4-2. When will takes effect.
53-4-3. Determination whether instrument is will.
Article 2
Testamentary Capacity.
53-4-10. Minimum age; conviction of crime.
53-4-11. Decided and rational desire; incapacity to contract; insanity; advanced age or eccentricity.
53-4-12. Freedom of volition.
Article 3
Execution and Attestation.
53-4-20. Required writing; signing; witnesses; codicil.
53-4-21. Knowledge of contents of will by testator.
53-4-22. Competency of witness.
53-4-23. Testamentary gift to witness or witness's spouse.
53-4-24. Self-proved will or codicil.
Article 4
Joint or Mutual Wills.
53-4-30. Contract concerning succession.
53-4-31. Definitions.
53-4-32. Effect of execution.
53-4-33. Revocation.
Article 5
Revocation and Republication.
53-4-40. Power of testator.
53-4-41. Intent.
53-4-42. Express or implied revocation.
53-4-43. Subsequent will or other written instrument.
53-4-44. Destruction or obliteration of will or material portion thereof.
53-4-45. Revival or republication of previous will.
53-4-46. Presumption of intent.
53-4-47. Effect of implied revocation.
53-4-48. Effect of testator's marriage, or birth or adoption of child; provision in will for class of children.
53-4-49. Effect of testator's divorce, annulment, or remarriage to former spouse.
53-4-50. Republication of revoked will.
Article 6
Construction of Will; Testamentary Gifts.
53-4-55. Construction of wills; intention of testator.
53-4-56. Construction of wills; parole evidence.
53-4-57. Partial illegality of will.
53-4-58. Failure to provide for living child believed dead.
53-4-59. Specific, demonstrative, general, or residuary testamentary gifts.
53-4-60. Income, profit, or increase of specific testamentary gifts.
53-4-61. Time at which general or demonstrative testamentary gift bears interest.
53-4-62. Testamentary gift to charity.
53-4-63. Payment of debts of testator.
53-4-64. Death of beneficiary before will executed or before death of testator.
53-4-65. Disposition of lapsed or void testamentary gift of residuum.
53-4-66. Ademption or destruction of specific testamentary gift.
53-4-67. Exchange, loss, theft, destruction, or condemnation of testamentary gift.
53-4-68. Conditions that are impossible, illegal, or against public policy; conditions in terrorem.
53-4-69. Election by beneficiary with claim adverse to will.
53-4-70. Election by beneficiary owning testamentary gift of property.
53-4-71. Compensation to defeated beneficiary electing against will.
53-4-72. Passing of after-acquired property.
53-4-73. Disposition of heart pacemakers.
53-4-74. Pecuniary marital deduction testamentary gift or transfer.
53-4-75. Construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws.
Editor's notes. - This chapter was effective January 1, 1998, to the extent that no vested rights of title, year's support, succession, or inheritance are impaired, as provided by the version of Code Section 53-1-1 enacted by Ga. L. 1996, p. 504, § 10, as amended by Ga. L. 1997, p. 1352, § 1.
Ga. L. 1996, p. 504, § 10, effective January 1, 1998, repealed the Code sections formerly codified at this chapter, and enacted the current chapter. The former chapter consisted of §§ 53-4-1 through 53-4-54, and was based on Laws 1766, Cobb's 1851 Digest, p. 292; Laws 1804, Cobb's 1851 Digest, p. 291; Laws 1810, Cobb's 1851 Digest, p. 253; Laws 1812, Cobb's 1851 Digest, p. 292; Laws 1816, Cobb's 1851 Digest, p. 293; Laws 1821, Cobb's 1851 Digest, p. 293; Laws 1827, Cobb's 1851 Digest, p. 294; Laws 1829, Cobb's 1851 Digest, p. 295; Laws 1841, Cobb's 1851 Digest, p. 296; Laws 1843, Cobb's 1851 Digest, p. 296; Laws 1845, Cobb's 1851 Digest, p. 297; Laws 1850, Cobb's 1851 Digest, p. 299; Ga. L. 1853-54, p. 41, §§ 1, 2; Ga. L. 1855, p. 227, § 2; Ga. L. 1859, p. 35, § 1; Ga. L. 1859, p. 36, § 2; Orig. Code 1863, §§ 1711, 1712, 1751, 1752, 2226, 2451, 2452, 2454, 2455, 2530, 2537-2545, 2628; Ga. L. 1865-66, p. 85, § 1; Ga. L. 1865-66, p. 102, § 1; Code 1868, §§ 1751, 1752, 1791, 1792, 2220, 2447-2450, 2529, 2538-2547, 2628; Ga. L. 1871-72, p. 48, § 1; Code 1873, §§ 1761, 1762, 1800, 1801, 2246, 2483-2486, 2570, 2579-2588, 2670; Ga. L. 1882-83, p. 47, § 1; Ga. L. 1882-83, p. 66, § 1; Code 1882, §§ 1761, 1762, 1800, 1801, 2246, 2483-2486, 2570, 2579-2588, 2670; Ga. L. 1884-85, p. 135, § 1; Civil Code 1895, §§ 2510, 2511, 3081, 3353-3355, 3357, 3358, 3464, 3474-3483, 3576; Civil Code 1910, §§ 3029, 3030, 3657, 3929-3931, 3933, 3934, 4040, 4052-4061, 4156; Ga. L. 1922, p. 47, § 1; Ga. L. 1931, p. 114, § 1; Code 1933, §§ 85-1102, 113-901 through 113-905, 113-907, 113-908, 113-1001, 113-1013 through 113-1022; Ga. L. 1941, p. 331, § 1; Ga. L. 1943, p. 236, §§ 1, 2; Ga. L. 1947, p. 1141, § 1; Ga. L. 1952, p. 288, §§ 1, 3; Ga. L. 1958, p. 361, §§ 1-8; Ga. L. 1959, p. 299, § 1; Ga. L. 1964, p. 139, § 1; Ga. L. 1967, p. 746, §§ 1-4; Ga. L. 1968, p. 1093, § 1; Ga. L. 1971, p. 403, § 2; Ga. L. 1972, p. 880, § 1; Ga. L. 1980, p. 1432, § 1; Ga. L. 1982, p. 3, § 53; Ga. L. 1985, p. 1257, § 1; Ga. L. 1987, p. 632, § 1; Ga. L. 1988, p. 1720, §§ 18, 19; Ga. L. 1991, p. 660, §§ 1, 2; Ga. L. 1992, p. 6, § 53.
RESEARCH REFERENCES
Decisionmaking at the End of Life, 63 Am. Jur. Trials 1.
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ARTICLE 1 GENERAL PROVISIONS