---
title: O.C.G.A. § 53-2-20. Jurisdiction of probate or superior court.
collection: code
id: 53-2-20
cite_as: O.C.G.A. § 53-2-20 (2025)
canonical_url: https://georgiacommons.org/code/53-2-20
md_url: https://georgiacommons.org/code/53-2-20.md
text_url: https://georgiacommons.org/code/53-2-20/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-pdf.pdf?sfvrsn=5e4f6f40_0#page=39
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: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / DESCENT AND DISTRIBUTION / JUDICIAL DETERMINATION OF HEIRS AND INTERESTS
---

# O.C.G.A. § 53-2-20. Jurisdiction of probate or superior court.

(a) The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alternatively, the petition may be filed in the superior court of the county where the probate court having jurisdiction, as defined in this Code section, is located; provided, however, that, if the petition is filed in connection with a contested proceeding to determine a purported heir’s entitlement to a year’s support from the decedent’s estate pursuant to Chapter 3 of this title, such petition must be filed in the probate court having jurisdiction.

(b) The proceedings for the determination of such questions shall conform to the requirements set forth in this article.

(c) Regardless of its terms, an agreement, other than an agreement approved in accordance with Article 3 of Chapter 7 of Title 19 by a court having jurisdiction under Code Section 19-7-40, between an alleged or presumed father of an individual claiming to be an heir and such individual claiming to be an heir or the mother of such individual claiming to be an heir shall not bar a petition under this article.

## History

Code 1981, § 53-2-20, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-2/HB 865; Ga. L. 2025, p. 806, § 39/HB 327, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, added the subsections (a) and (b) designations; and added subsection (c).