Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 2. DESCENT AND DISTRIBUTION · Article 1. GENERAL PROVISIONS

53-2-8. Death intestate, and without ascertainable heirs, of spouse of intestate decedent.

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

(a)
When the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent’s death, any undistributed property of the decedent to which the spouse had been entitled prior to the spouse’s death shall not escheat but shall be distributed to the heirs of the decedent who would have inherited the property under the intestacy laws if the spouse had predeceased the decedent.#
(b)
The nonexistence of heirs of the spouse may be determined by publication as provided in Code Section 53-2-51. If no heir of the spouse appears, the property, less the expenses of the proceedings to determine the nonexistence of heirs, shall be paid over as provided in 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, § 53-2-8, enacted by Ga. L. 1996, p. 504, § 10.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1996, ‘‘Code Section’’ was substituted for ‘‘Code section’’ in the first sentence in 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)-2021-pdf.pdf, Volume V40, 2021 edition, page 260; merge action: carried; file SHA-256 062775612dfc.

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