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2018 Georgia Code 53-5-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-5-4 Case Law from Google Scholar Amendments to OCGA 53-5-4

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 1 GENERAL PROVISIONS

53-5-4. Recovery of property from bona fide purchaser for value.

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.

(Code 1981, §53-5-4, enacted by Ga. L. 1996, p. 504, § 10.)

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.

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