Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 5. PROBATE · Article 5. FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES · Part 1. GENERAL PROVISIONS

53-5-31. Requisites for admission to probate.

Active

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

A foreign will or an out-of-state will may be admitted to original common or solemn form probate under the rules governing probate of wills of testators who die domiciled in this state upon proof that the will is valid under the laws of this state and that it has not been offered for probate or establishment in the domiciliary jurisdiction or that it has been offered for probate but either no timely caveat or similar objection was filed in the domiciliary jurisdiction or the grounds of a pending caveat or similar objection are not such as would, if proved, cause the denial of probate.

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, § 53-5-31, enacted by Ga. L. 1996, p. 504, § 10.

Law reviews

For comment discussing Georgia probate of will witnessed, executed, and probated in another state, in light of In re Barrie’s Estate, 240 Iowa 431, 35 N.W.2d 658 (1949), see 1 Mercer L. Rev. 135 (1949).

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