---
title: O.C.G.A. § 53-2-22. Petition by person claiming to be heir or distributee.
collection: code
id: 53-2-22
cite_as: O.C.G.A. § 53-2-22 (2025)
canonical_url: https://georgiacommons.org/code/53-2-22
md_url: https://georgiacommons.org/code/53-2-22.md
text_url: https://georgiacommons.org/code/53-2-22/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=40
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/53-2-21.md
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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. § 53-2-22. Petition by person claiming to be heir or distributee.

(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.

## 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).