Georgia Commons

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

53-2-23. Superior court procedure.

Active

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

  1. (a)

    Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the same manner as prescribed in cases in which equitable relief is sought; provided, however, that the superior court additionally may order service in the manner provided by Code Section 19-7-41. The case shall thereafter proceed to judgment in the manner provided for such cases by the rules of practice in the superior courts.#

  2. (b)

    With respect to a direct request seeking determination of parentage of a child pursuant to Part 7 of Article 3 of Chapter 11 of Title 19 that is filed by a petitioner in the superior court as a designated tribunal under subsection (a) of Code Section 19-11-102, this article shall apply in the proceeding, as provided by subsection (a) of Code Section 19-11-184, to the extent the petitioner seeks such determination of parentage for the purpose of establishing the identity or interest of such child as an heir of the decedent; provided, however, that nothing in this subsection shall be applied or construed to expand or extend the jurisdiction of the probate courts for purposes of Article 3 of Chapter 11 of Title 19, the “Uniform Interstate Family Support Act,” or to expand or extend the jurisdiction of the Office of State Administrative Hearings and the Department of Human Services for purposes of this article.#

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, § 53-2-23, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2025, p. 806, § 42/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, added the subsection (a) designation; substituted “provided, however, that the superior court additionally may order service in the manner provided by Code Section 19-7-41. The” for “and the” in subsection (a); and added subsection (b).

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, page 41; merge action: replaced; file SHA-256 d9d2be0e71ce.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.

Answers come from this document. Not legal advice.