---
title: O.C.G.A. § 53-2-21. Filing of petition.
collection: code
id: 53-2-21
cite_as: O.C.G.A. § 53-2-21 (2025)
canonical_url: https://georgiacommons.org/code/53-2-21
md_url: https://georgiacommons.org/code/53-2-21.md
text_url: https://georgiacommons.org/code/53-2-21/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.
up: https://georgiacommons.org/code/53-2.md
previous: https://georgiacommons.org/code/53-2-20.md
next: https://georgiacommons.org/code/53-2-22.md
index: https://georgiacommons.org/code/index.md
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. § 53-2-21. Filing of petition.

(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.