---
title: O.C.G.A. § 53-2-30. Authority of administrator; method of distribution provided for in will.
collection: code
id: 53-2-30
cite_as: O.C.G.A. § 53-2-30 (2025)
canonical_url: https://georgiacommons.org/code/53-2-30
md_url: https://georgiacommons.org/code/53-2-30.md
text_url: https://georgiacommons.org/code/53-2-30/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=266
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.
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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 / DISTRIBUTION OF ESTATE IN KIND
---

# O.C.G.A. § 53-2-30. Authority of administrator; method of distribution provided for in will.

(a) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset.

(b) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset only upon the written consent of all the heirs or upon an order of the probate court made pursuant to a petition filed by an heir or the administrator.

(c) Nothing in this Code section shall be construed as limiting or restricting the method of distribution provided for in a will or as requiring the approval of the probate court for a distribution or division in kind made pursuant to the directions in a will. In all cases where the will directs or authorizes a distribution or division in kind but fails to direct specifically how or by whom the distribution or division in kind is to be made, it shall be the duty and authority of the executor or administrator with the will annexed to make the distribution or division in kind.

## History

Code 1981, § 53-2-30, enacted by Ga. L. 1996, p. 504, § 10.