Official Code of Georgia Annotated
Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 2. DESCENT AND DISTRIBUTION · Article 2. JUDICIAL DETERMINATION OF HEIRS AND INTERESTS
53-2-21. Filing of petition.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Any personal representative, guardian, conservator, trustee, trust director, other fiduciary, or other person having a status that either by operation of law or pursuant to written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as provided in Code Section 53-2-20. The petition shall allege:#
- (1)
The names, addresses, ages, and relationship, so far as known to the petitioner, of all parties in interest, other than creditors, and the nature and character of such interests; and#
- (2)
Whether the petitioner has reason to apprehend that there may be others entitled to participate in the distribution whose names are unknown to the petitioner.#
- (b)
With respect to the estate of a decedent who the petitioner knows or has reason to apprehend is an obligor within the meaning of subparagraph (B) of paragraph (17) of Code Section 19-11-101, an individual who is an obligee within the meaning of subparagraph (C) of paragraph (16) of Code Section 19-11-101 is a party in interest for purposes of subsection (a) of this Code section.#
History
Code 1981, § 53-2-21, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2025, p. 806, § 40/HB 327, effective July 1, 2025.
Amendments
The 2025 amendment, effective July 1, 2025, rewrote this Code section.
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)-pdf.pdf, Volume V40, 2021 edition, 2025 supplement, pages 39 to 40; merge action: replaced; file SHA-256 d9d2be0e71ce.