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2018 Georgia Code 53-5-44 | Car Wreck Lawyer

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

53-5-44. Application to protect interest in property.

Any person having an interest or claim as heir, beneficiary, or creditor with respect to any real or personal property located within this state of an individual who dies domiciled outside of this state may petition a probate court having jurisdiction for ancillary probate or administration and may apply to a court of equity to compel the personal representative to protect that person's interest. The court of equity may require ancillary probate or administration, transfer the matter to a probate court in this state having jurisdiction, and order the preservation of the existing status of the property pending the granting of ancillary probate or administration.

(Code 1981, §53-5-44, enacted by Ga. L. 1996, p. 504, § 10.)

COMMENT

This section replaces former OCGA Sec. 53-6-123.

RESEARCH REFERENCES

10A Am. Jur. Pleading and Practice Forms, Executors and Administrators, § 905.

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