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.
An executor acting under or any person claiming under a will offered for probate within the period described in Code Section 53-5-3 shall be permitted to recover from a bona fide purchaser for value: (1) Property acquired from the heirs of the testator or anyone claiming through them, unless an order that no administration is necessary was entered prior to the purchase and the purchase occurred prior to the probate of the will; (2) Property set aside in a year’s support proceeding and acquired from the spouse or children of the testator or anyone claiming through them, unless the order granting year’s support was entered prior to the purchase and the purchase occurred prior to the probate of the will; and (3) Property acquired from the administrator of the testator’s estate or the heirs of the testator or anyone claiming through them, unless the administrator was qualified prior to the purchase and the purchase occurred prior to the probate of the will.
History
Code 1981, § 53-5-4, enacted by Ga. L. 1996, p. 504, § 10.
Annotations
COMMENT This section protects innocent purchasers who acquire property within the statutory five-year period for probating a will. If the purchasers acquired the property from the heirs of the testator, they are not protected from actions by the executor or beneficiaries under a will probated after the purchase unless an order declaring that no administration is necessary was granted prior to the purchase in accordance with Article 4 of Chapter 2 of this Title. Persons who purchased from the testator’s spouse or children are protected only if an order granting Year’s Support to the spouse or children was entered in accordance with Chapter 3 of this Title. Persons who purchased from an administrator or the heirs are protected if the administrator was duly appointed prior to the purchase in accordance with Article 3 of Chapter 6 of this Title.
Notes of Decisions
Cited in 4
cases, 1987–1990 · leading case: Baker v. Baker, 390 S.E.2d 892 (Ga. Ct. App. 1990).
Baker v. Baker, 390 S.E.2d 892 (Ga. Ct. App. 1990). · cites it 6ד” Pretermitting the questions of whether the trial court erred in merging the two applications and by, in effect, denying the request for jury trial contained only in the subsequent application for second year’s support, is the question whether appellant currently had a valid…”
Wolters v. Kennedy, 355 S.E.2d 665 (Ga. Ct. App. 1987). · cites it 4דOCGA § 53-5-4. The application was denied and an appeal taken to the superior court, where summary judgment was granted appellee, the executrix of the decedent’s estate.”
Kittles v. Kittles, 352 S.E.2d 649 (Ga. Ct. App. 1987). · cites it 12דGeorgia Kittles petitioned the Probate Court of McIntosh County seeking third year’s support pursuant to OCGA § 53-5-4. By consent order the matter was appealed to the superior court which ruled against Georgia Kittles’ petition as a matter of law during a pretrial hearing.”
State Farm Mut. Auto. Ins. v. Day, 394 S.E.2d 913 (Ga. Ct. App. 1990). “) See also § 53-5-4. The law on year’s support further expressly provides: “Setting apart of property to minor children of different spouses: If the decedent leaves minor children by different spouses, the judge of the probate court shall specify the portion going to the…”
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