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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 3. YEAR’S SUPPORT

53-3-9. Vesting of title to property set apart.

Active

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

  1. (a)

    Except as otherwise provided in Code Section 53-3-8, title to the property set apart shall vest in the surviving spouse and child or children or, if there is no surviving spouse, in the children, share and share alike; and the property shall not be administered as the estate of the deceased spouse or parent.#

  2. (b)

    When property is set apart as a year’s support for the benefit of the surviving spouse alone, the spouse shall thereafter own the same in fee, without restriction as to use, encumbrance, or disposition.#

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, § 53-3-9, enacted by Ga. L. 1996, p. 504, § 10.

Law reviews

For article discussing title by year’s support, see 2 Ga. B.J. 45 (1940).

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)-2021-pdf.pdf, Volume V40, 2021 edition, page 313; merge action: carried; file SHA-256 062775612dfc.

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O.C.G.A. § 53-3-9. Vesting of title to property set apart. | Georgia Commons