Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 4. WILLS · Article 5. REVOCATION AND REPUBLICATION

53-4-46. Presumption of intent.

Active

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

  1. (a)

    A presumption of intent to revoke arises if the original of a testator’s will cannot be found to probate.#

  2. (b)

    A copy of a will may be offered for probate in accordance with Chapter 5 of this title in lieu of the original will if the original cannot be found to probate, provided that the copy is proved by a preponderance of the evidence to be a true copy of the original will and that the presumption of intent to revoke set forth in subsection (a) of this Code section is rebutted by a preponderance of the evidence.#

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, § 53-4-46, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1998, p. 1586, § 16.

Law reviews

For article advocating repeal or amendment of this Code section, see 11 Ga. L. Rev. 297 (1977). For article, ‘‘Wills, Trusts, and Administration of Estates,’’ see 53 Mercer L. Rev. 499 (2001).

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 396; merge action: carried; file SHA-256 062775612dfc.