O.C.G.A.

O.C.G.A. § 53-5-30 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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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.

History

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

Annotations

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.