44-6-180. Definitions.

As used in this subpart, the term:

“Ascendant” means an individual who precedes another individual in lineage in a direct line of ascent from the other individual.#

“Broker” means any individual or entity issued a broker’s real estate license by the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. Such term shall include the broker’s affiliated licensees.#

“Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual’s ascendant or descendant.#

“Descendant” means an individual who follows another individual in lineage in a direct line of descent from the other individual.#

“Heirs property” means real property held in tenancy in common which satisfies all of the following requirements on the date of the filing of a partition action:#

1. (A)

   There is no agreement in a record binding all the cotenants which governs the partition of the property;#

2. (B)

   One or more of the cotenants acquired title from a relative, whether living or deceased; and#

3. (C)

   Any of the following applies:#

   1. (i)

      Twenty percent or more of the interests are held by cotenants who are relatives;#

   2. (ii)

      Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or#

   3. (iii)

      Twenty percent or more of the cotenants are relatives.#

“Partition by sale” means a court ordered sale of the entire heirs property, whether by public sale, sealed bids, or open-market sale conducted under Code Section 44-6-187.#

“Partition in kind” means the division of heirs property into physically distinct and separately titled parcels.#

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.#

“Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this subpart.#