---
title: O.C.G.A. § 53-5-35. Muniments of title to realty.
collection: code
id: 53-5-35
cite_as: O.C.G.A. § 53-5-35 (2025)
canonical_url: https://georgiacommons.org/code/53-5-35
md_url: https://georgiacommons.org/code/53-5-35.md
text_url: https://georgiacommons.org/code/53-5-35/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=520
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / PROBATE / FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES / GENERAL PROVISIONS
---

# O.C.G.A. § 53-5-35. Muniments of title to realty.

(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) 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) 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.

(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.

## 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).