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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

53-5-35. Muniments of title to realty.

Active

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

  1. (a)

    Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when:#

    1. (1)

      Such a will is accompanied by properly authenticated copies of the record admitting the will to probate in another state, certified according to Code Section 24-9-922; and#

    2. (2)

      The certified copy of such a will is recorded in the office of the clerk of the superior court in the county in which the real property is situated in the record in which deeds are recorded in this state.#

  2. (b)

    This Code section shall apply to all cases in which real property is held or claimed under wills not probated in this state and to all actions brought to recover or protect real property in this state.#

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, § 53-5-35, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2011, p. 99, § 98/HB 24.

Editor's notes

Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.

Law reviews

For article, ‘‘Evidence,’’ see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011). 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, pages 520 to 521; merge action: carried; file SHA-256 062775612dfc.