O.C.G.A.

O.C.G.A. § 53-6-21 (2019)

Petition to court; contents

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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(a) Every petition for letters of administration shall be made to the probate court of the county of domicile of the decedent, or, if the decedent was not domiciled in this state, then in a county where the estate or some portion of it is located. (b) The petition shall set forth the full name, the legal domicile, and the date of death of the decedent; the mailing address and place of domicile of the petitioner; the names, ages or majority status, and addresses of heirs, stating their relationship to the decedent; and, in the event full particulars are lacking, the reasons for any omission. The petition shall conclude with a prayer for issuance of letters of administration. If a prior personal representative has qualified and a copy of the original petition is attached, it is unnecessary for the new petition to repeat relevant and unchanged information from the original petition.

History

Code 1981, § 53-6-21, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 13.

Annotations

Cross references. - Provisions regarding jurisdiction of probate court over estate of nonresident with property or causes of action located in more than one county, § 15-9-32.

Law reviews. - For article surveying wills, trusts, and administration of estates, see 34 Mercer L. Rev. 323 (1982). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).

COMMENT This section replaces subsection (a) of former OCGA Sec. 53-6-26. See Code Sec. 53-1-2 for definitions of ‘‘administrator’’ and ‘‘personal representative.’’ The provisions for an ‘‘administrator de bonis non’’ that appeared in former 53-6-30 are repealed. As this section indicates, if an administrator who has already qualified is for some reason unable to serve or continue serving, the person who replaces that administrator will also be referred to as an ‘‘administrator’’. The petition for that person’s letters need not repeat all the information that appeared in the original petition, but rather need contain only such information as is different from the information in the original petition. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 53-6-26 are included in the annotations for this Code section. Jurisdiction. - After a probate court

of one county assumed jurisdiction over the administration of an estate, that court is presumed to have jurisdiction; and an application made to the probate court of another county for the purpose of administering such estate cannot be entertained

while the first court retains jurisdiction. Guyett v. Guyett, 160 Ga. App. 622, 287 S.E.2d 632 (1981) (decided under former O.C.G.A. § 53-6-26).

Cited in Escareno v. Carl Nolte Sohne GmbH, 270 Ga. 264, 507 S.E.2d 743 (1998).

RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. - 10 Am. Jur. Pleading and Prac-

tice Forms, Executors and Administrators, §§ 43, 44.

Notes of Decisions

Cited in 5 cases, 1998–2020 · leading case: Taylor v. Young, 560 S.E.2d 40 (Ga. Ct. App. 2002).

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Taylor v. Young, 560 S.E.2d 40 (Ga. Ct. App. 2002). · cites it 2× “See OCGA § 53-6-21 (Revised Probate Code of 1998).”

Cunningham v. Est. of Cunningham, 697 S.E.2d 280 (Ga. Ct. App. 2010). · cites it 2× “1 See OCGA § 53-6-21. 2 At some point after its transfer to superior court, the case was restyled to list the estate, *609 rather than the administratrix, as the defendant.”

In Re the Est. of Leon Brown (Ga. Ct. App. 2020). · cites it 8× “Specifically, appellant Glover argues that under OCGA § 53-6-21, the Henry County Probate Court had jurisdiction and the Fulton County Probate Court lacked it because Brown was a resident of Henry County.”

Escareno v. Noltina Crucible & Refractory Corp., 163 F.3d 1257 (11th Cir. 1998). · cites it 2× “Similarly, OCGA § 53-6-21 provides that application for letters of administration of a nonresident’s estate shall be made in a county where some portion of the estate is located.”

Escareno v. Carl Nolte Sohne GmbH, 507 S.E.2d 743 (Ga. 1998). · cites it 4× “Similarly, OCGA § 53-6-21 provides that application for letters of administration of a nonresident’s estate shall be made in a county where some portion of the estate is.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.