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

53-2-22. Petition by person claiming to be heir or distributee.

Active

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

(a)
Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to either the probate court or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of interest established. The petition in such a case shall contain the same averments as to all parties in interest required of persons filing under Code Section 53-2-21 with the person charged with the duty of distribution being named as a party.#
(b)
With respect to the estate of a decedent who 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 who may file a petition for determination of heirship under subsection (a) of this Code section.#

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, § 53-2-22, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2025, p. 806, § 41/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, added the subsection (a) designation; substituted “in” for “at” in the second sentence of subsection (a); and added subsection (b).

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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, page 40; merge action: replaced; file SHA-256 d9d2be0e71ce.

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