23-4-33. Decree in will or contract matters; consent of guardian or guardian ad litem.

Active2 versions printed

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Effective July 1, 2026.In force today: Effective July 1, 2026.

When it becomes impossible to carry out any last will and testament in whole or in part, and in all matters of contract, the judges of the superior courts, the judge of the Georgia State-wide Business Court, and the judge of the Georgia Tax Court in matters of contract only, shall have power to render any decree that may be necessary and legal, provided that all parties in interest shall consent thereto in writing and there shall be no issue as to the facts or, if there is such an issue, that there shall be a like consent in writing that the judge presiding may hear and determine such facts, subject to a review on appeal, as in other cases. In all cases where minors are interested, the consent of the guardian at law or the guardian ad litem shall be obtained before the decree is rendered.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1865-66, p. 221, § 1; Code 1868, § 4155; Code 1873, § 4214; Code 1882, § 4214; Ga. L. 1882-83, p. 69, § 1; Civil Code 1895, § 4855; Civil Code 1910, § 5428; Code 1933, § 37-1205; Ga. L. 2016, p. 883, § 3-8/HB 927; Ga. L. 2019, p. 845, § 3-6/HB 239; Ga. L. 2024, p. 888, § 2-10/HB 1267, effective July 1, 2026.

Delayed effective date

Code Section 23-4-33 is set out twice in this Code. This version is effective July 1, 2026. For version effective until July 1, 2026, see the preceding version.

Amendments

The 2024 amendment, effective July 1, 2026, in the first sentence, deleted “and” following “superior courts,” and inserted “, and the judge of the Georgia Tax Court”.

Editor's notes

Ga. L. 2024, p. 888, § 4-1(a)/HB 1267, not codified by the General Assembly, provides that the 2024 amendments to this Code section shall only become effective on July 1, 2026, upon the ratification of a resolution at the November, 2024, state-wide general election that amends the Constitution so as to authorize the General Assembly to provide by general law for the establishment of the Georgia Tax Court with state-wide jurisdiction. If such a resolution is not so ratified, then the amendments to this Code section shall not become effective and shall stand repealed on January 1, 2025. The constitutional amendment proposed in Ga. L. 2024, p. 1189 was approved by a majority of the qualified voters voting at the general election held on November 5, 2024.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-pdf.pdf, Volume V19, 2020 edition, 2025 supplement, page 20; merge action: replaced; file SHA-256 acd47458df10.

Effective until July 1, 2026.No longer in force as printed (Effective until July 1, 2026.)

When it becomes impossible to carry out any last will and testament in whole or in part, and in all matters of contract, the judges of the superior courts, and the judge of the Georgia State-wide Business Court in matters of contract only, shall have power to render any decree that may be necessary and legal, provided that all parties in interest shall consent thereto in writing and there shall be no issue as to the facts or, if there is such an issue, that there shall be a like consent in writing that the judge presiding may hear and determine such facts, subject to a review on appeal, as in other cases. In all cases where minors are interested, the consent of the guardian at law or the guardian ad litem shall be obtained before the decree is rendered.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Delayed effective date

Code Section 23-4-33 is set out twice in this Code. This version is effective until July 1, 2026. For version effective July 1, 2026, see the following version.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t22-t23-(v19)-pdf.pdf, Volume V19, 2020 edition, 2025 supplement, pages 19 to 20; merge action: replaced; file SHA-256 acd47458df10.