---
title: O.C.G.A. § 44-6-90. Jurisdiction of judge of superior court as to life estates and contingent remainders.
collection: code
id: 44-6-90
cite_as: O.C.G.A. § 44-6-90 (2025)
canonical_url: https://georgiacommons.org/code/44-6-90
md_url: https://georgiacommons.org/code/44-6-90.md
text_url: https://georgiacommons.org/code/44-6-90/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=680
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / ESTATES / LIFE ESTATES
---

# O.C.G.A. § 44-6-90. Jurisdiction of judge of superior court as to life estates and contingent remainders.

(a) The judge of the superior court shall have jurisdiction to hear any case that:

(1) Involves a tenant for life in real property or the proceeds of real property;

(2) Involves a contingent remainder interest of a class subject to open through the subsequent event of a birth or an adoption; and

(3) Does not involve the creation of a perpetuity.

(b) In such cases, the judge may receive evidence on the likelihood of the expansion of the class of such remaindermen through the subsequent event of the birth or the adoption of another member of such class. The judge shall be authorized to make such findings of fact and law as to declare such class to be closed. Upon such findings, the judge shall require the life tenant to give bond in an amount sufficient to protect against any actual subsequent expansion of such class by the life tenant through birth or adoption. An order of the judge in such case shall contain a determination of the free marketability of any concerned property.

(c) An action on the bond provided for in subsection (b) of this Code section shall be the sole recourse of any person who is interested in the remainder.

## History

Code 1981, § 44-6-90, enacted by Ga. L. 1984, p. 792, § 1.