Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 1. GENERAL PROVISIONS · Article 2. ADVANCEMENTS

53-1-12. Manner of taking into account.

Active

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

(a)
If a beneficiary has received a satisfaction, the beneficiary shall not receive any other property in replacement of the specific testamentary gift which is the subject of the satisfaction.#
(b)
If a beneficiary has received an advancement of all or a portion of a demonstrative or general testamentary gift, the value of the demonstrative or general testamentary gift shall be reduced by the value of the advancement.#
(c)
For purposes of this subsection, the term ‘‘distributable share’’ means the share an heir would receive under the laws of intestacy or a beneficiary would receive under the residuary clause of the transferor’s will if the value of all advancements made by the transferor during life, except satisfaction of specific testamentary gifts and advancements of demonstrative or general testamentary gifts, were added to the actual value of the transferor’s intestate or residuary estate at death. If a beneficiary has received an advancement of a residuary gift or an heir has received an advancement of an intestate share, the advancement shall be taken into account in the following manner:#
1. (1)
  If a beneficiary or heir has received an advancement that is less than the value of that person’s distributable share under the residuary clause of the transferor’s will or the laws of intestacy, the share actually distributed to the beneficiary or heir shall be charged with the advancement so that the beneficiary or heir will receive only the balance remaining of the distributable share; or#
2. (2)
  If a beneficiary or an heir has received an advancement that is equal to or in excess of the value of that beneficiary’s or heir’s distributable share, the beneficiary or heir shall receive no further share from the estate.#

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

Code 1981, § 53-1-12, enacted by Ga. L. 1996, p. 504, § 10.

Law reviews

For article, ‘‘The Time Gap in Wills: Shifting Assets and Shrinking Estates — Obsolescence and Testamentary Planning in Georgia,’’ see 6 Ga. L. Rev. 649 (1972). For article discussing concept of advancements, see 10 Ga. L. Rev. 447 (1976). For annual survey of law of wills, trusts, guardianships, and fiduciary administration, see 56 Mercer L. Rev. 457 (2004).

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 t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, pages 226 to 227; merge action: carried; file SHA-256 062775612dfc.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.