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(Code 1981, §53-5-35, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2011, p. 99, § 98/HB 24.)
The 2011 amendment, effective January 1, 2013, substituted "Code Section 24-9-922" for "Code Section 24-7-24" at the end of paragraph (a)(1). See editor's note for applicability.
- Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
- For article, "Evidence," see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011). For comment discussing Georgia probate of will witnessed, executed, and probated in another state, in light of In re Barrie's Estate, 240 Iowa 431, 35 N.W.2d 658 (1949), see 1 Mercer L. Rev. 135 (1949).
This section carries forward former OCGA Sec. 53-3-47.
- In light of the similarity of the statutory provisions, decisions under former Civil Code 1910, §§ 3881 and 3882, former Code 1933, §§ 113-709 and 113-710, and former O.C.G.A. § 53-3-47 are included in the annotations for this Code section.
- Devisees to whom lands are devised under foreign wills acquire title to such lands, when assented to by the executors of such wills, without their probate in this state; and copies of such wills, when witnessed according to the laws of this state and accompanied by an exemplification of the record probating such wills, certified according to the act of Congress and duly recorded, are muniments of title to the lands so devised. White v. First Nat'l Bank, 174 Ga. 281, 162 S.E. 701 (1932) (decided under former Civil Code 1910, §§ 3881 and 3882).
Will which is executed, witnessed, and probated in another state shall constitute a muniment of title for the transfer and conveyance of real property in Georgia to the distributees or devisees mentioned in a will when accompanied by an exemplification of the record admitting the will to probate, certified according to former Code 1933, § 38-627 (see O.C.G.A. § 24-7-24) and properly recorded in the office of the clerk of the superior court of the county where the land is situated. Tripp v. Hutchings, 214 Ga. 330, 104 S.E.2d 423 (1958) (decided under former Code 1933, §§ 113-709 and 113-710).
When a foreign will was properly recorded as a muniment of title and the ancillary executor appointed to act in Georgia was directed to sell the Georgia real estate and to pay over to the testator's wife a sum certain and the balance to the trust estate therein created, title vested even though the executor named failed to qualify and, in fact, could not qualify since the will could not be probated in this state. Tripp v. Hutchings, 214 Ga. 330, 104 S.E.2d 423 (1958) (decided under former Code 1933, §§ 113-709 and 113-710).
Cited in Chattanooga Iron & Coal Corp. v. Shaw, 157 Ga. 869, 122 S.E. 597 (1924); Nuckolls v. Merritt, 216 Ga. 35, 114 S.E.2d 427 (1960); Economou v. Economou, 196 Ga. App. 196, 395 S.E.2d 830 (1990).
- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 113-709, and 113-710 are included in the annotations for this Code section.
Wills probated in Canada may be encompassed within the provisions of former Code 1933, §§ 113-709 and 113-710. 1976 Op. Att'y Gen. No. U76-27 (decided under former Code 1933, §§ 113-709 and 113-710).
- 79 Am. Jur. 2d, Wills, § 729.
- 95 C.J.S., Wills, § 517.
No results found for Georgia Code 53-5-35.