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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

53-2-26. Effect of findings of court.

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

  1. (a)

    In the absence of fraud, the findings of the superior court or the probate court in a proceeding brought under this article shall be binding and conclusive as to every person and as to every issue decided.#

  2. (b)

    With respect to the judgment of the superior court or the probate court in a proceeding brought under this article, nothing in subsection (a) of this Code section shall be applied or construed to abrogate or infringe:#

    1. (1)

      Any right of appeal provided by Title 5; or#

    2. (2)

      Any right to relief provided by Code Section 9-11-60.#

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, § 53-2-26, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2025, p. 806, § 45/HB 327, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, added the subsection (a) designation; inserted “in a proceeding brought under this article” 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 42; merge action: replaced; file SHA-256 d9d2be0e71ce.