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2018 Georgia Code 53-5-30 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-5-30 Case Law from Google Scholar Amendments to OCGA 53-5-30

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 5. Probate, 53-5-1 through 53-5-71.

ARTICLE 5 FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES

53-5-30. Definitions.

For purposes of this article:

  1. "Domiciliary jurisdiction" is the jurisdiction outside this state in which a nondomiciliary is domiciled at death.
  2. "Foreign will" is the will of a nondomiciliary who dies while domiciled in a jurisdiction that is not a state or territory governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state.
  3. "Nondomiciliary" is a decedent who dies while domiciled in a jurisdiction that is outside this state.
  4. "Out-of-state will" is the will of a nondomiciliary who dies while domiciled in a state or territory that is governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state.

(Code 1981, §53-5-30, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section replaces former OCGA Sec. 53-3-40. This section distinguishes two types of wills: the wills of testators who die domiciled in any state of the United States other than Georgia or any other territory governed by the laws of the United States ("out-of-state" wills) and the wills of testators who die in another country or territory ("foreign" wills). The will of a testator who dies while domiciled outside Georgia is subject to the provisions of this Article only if the testator owned at death located in Georgia or was possessed of a cause of action the venue of which is Georgia.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-3-40 are included in the annotations for this Code section.

Residency at death determinative.

- Will, executed in a foreign state by a nonresident who thereafter becomes and is a resident of this state at death is not a "foreign will." Zeh v. Griffin, 257 Ga. 364, 359 S.E.2d 899 (1987) (decided under former O.C.G.A. § 53-3-40).

RESEARCH REFERENCES

Am. Jur. 2d.

- 79 Am. Jur. 2d, Wills, § 741.

C.J.S.

- 95 C.J.S., Wills, § 515.

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