Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 5. PROBATE · Article 2. COMMON FORM

53-5-16. Conclusiveness; persons protected if set aside.

Active

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

(a)
The probate of a will in common form is not conclusive upon anyone interested in the estate adversely to the will except as provided in Code Section 53-5-19.#
(b)
If set aside, probate of a will in common form does not protect the executor in any acts beyond the executor’s normal duties of collecting and preserving assets of the estate and paying the debts of the estate. Bona fide purchasers without notice under legally made sales from the executor will be protected.#

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, § 53-5-16, enacted by Ga. L. 1996, p. 504, § 10.

Law reviews

For article discussing methods of summary distribution and settlement of decedent’s estate, see 6 Ga. L. Rev. 74 (1971).

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 488; 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.