Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 5. PROBATE · Article 1. GENERAL PROVISIONS

53-5-1. Jurisdiction and domicile.

Active

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

(a)
The probate court shall have exclusive jurisdiction over the probate of wills.#
(b)
The county of domicile of the testator at death shall give jurisdiction to the probate court of that county.#
(c)
The domicile of a testator who was in the care of a nursing home or other similar facility at the time of death shall be presumed to be the county in which the testator was domiciled immediately before entering the nursing home or other facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that the testator considered or, in the absence of an impairment of mental faculties, the testator would have considered the county in which the facility is located to be the testator’s domicile, then for purposes of this Code section that county shall be considered the testator’s county of domicile.#

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, § 53-5-1, enacted by Ga. L. 1996, p. 504, § 10.

Cross references

Probate courts generally, T. 15, C. 9. Jurisdiction of judge of probate court to grant administration on estates, § 15-9-31.

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

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.