O.C.G.A. § 53-3-8 (2019)
Minor children by individuals other than surviving spouse
(a) If the decedent leaves a minor child or minor children by an individual or individuals other than the surviving spouse, the probate court shall specify the portion going to the minor child or minor children of such individual or individuals, and the portion so specified shall vest in that child or those children.
(b) If the decedent leaves one or more minor children and the surviving spouse is the parent of all such minor children, the probate court may in its discretion specify separate portions for such minor children and the surviving spouse if the court deems the award of separate portions to be in the best interests of the parties, and the portions so specified shall vest separately in the surviving spouse and such minor children.
(c) If the decedent leaves one or more minor children for whom the probate court specifies separate portions under subsection (a) or (b) of this Code section, personal property in the portions so specified shall be delivered and received in compliance with Code Section 29-3-1.
History
Code 1981, § 53-3-8, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 6; Ga. L. 2020, p. 377, § 1-9/HB 865. The 2020 amendment, effective January 1, 2021, in subsection (a), inserted ‘‘a minor child or’’, substituted ‘‘an individual or individuals other than the surviving spouse’’ for ‘‘different spouses’’, inserted ‘‘minor child or minor’’, substituted ‘‘such individual or individuals, and the portion so specified’’ for ‘‘the former spouse or
spouses, which portion’’, and inserted ‘‘that child or’’; in subsection (b), inserted ‘‘one or more’’, substituted ‘‘parent of all such’’ for ‘‘parent of the’’, substituted ‘‘portions for such’’ for ‘‘portions for the’’, inserted ‘‘so specified’’, and substituted ‘‘spouse and such minor’’ for ‘‘spouse and the’’; and added subsection (c).
Annotations
Law reviews. - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
COMMENT This section carries forward former OCGA Sec. 53-5-9. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-1108, and former O.C.G.A. § 53-5-9 are included in the annotations for this Code section. Language of this statute is mandatory when the statute declares that, when there are two sets of minor children by different wives, the appraisers shall specify the portion going to the children of the
deceased wife for the support and maintenance of such minors. De Jarnette v. De Jarnette, 176 Ga. 204, 167 S.E. 526 (1933) (decided under former Code 1933, § 113-1008). Georgia law without doubt permits, and in some cases requires, separate portions of the estate to be set aside as year’s support to the widow and to children of the deceased. Gale v. Stewart, 105 Ga. App. 767, 125 S.E.2d 694 (1962)
(decided under former Code 1933, § 113-1002). Cited in McCommons v. Reid, 201 Ga.
500, 40 S.E.2d 73 (1946); State Farm Mut. Auto. Ins. Co. v. Day, 195 Ga. App. 823, 394 S.E.2d 913 (1990).
RESEARCH REFERENCES Am. Jur. 2d. - 31 Am. Jur. 2d, Executors and Administrators, §§ 686 et seq., 717.
C.J.S. - 34 C.J.S., Executors and Administrators, §§ 452, 472.