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O.C.G.A. § 53-5-34 — Effect of admission to ancillary probate | Georgia Code
O.C.G.A. § 53-5-34 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

53-5-34. Effect of admission to ancillary probate.

If a foreign will or an out-of-state will is admitted to ancillary probate in this state, the validity and terms of the will shall be given effect under the laws of the domiciliary jurisdiction.

(Code 1981, §53-5-34, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section provides that wills that have already been probated or established in another state or territory or country shall take effect under the laws of that jurisdiction rather than under the laws of the state of Georgia. This section changes the common law rule that the validity of a will that devised real property was judged under the laws of the situs of the property.

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