Official Code of Georgia Annotated

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

53-5-4. Recovery of property from bona fide purchaser for value.

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

An executor acting under or any person claiming under a will offered for probate within the period described in Code Section 53-5-3 shall be permitted to recover from a bona fide purchaser for value:
(1)
Property acquired from the heirs of the testator or anyone claiming through them, unless an order that no administration is necessary was entered prior to the purchase and the purchase occurred prior to the probate of the will;#
(2)
Property set aside in a year’s support proceeding and acquired from the spouse or children of the testator or anyone claiming through them, unless the order granting year’s support was entered prior to the purchase and the purchase occurred prior to the probate of the will; and#
(3)
Property acquired from the administrator of the testator’s estate or the heirs of the testator or anyone claiming through them, unless the administrator was qualified prior to the purchase and the purchase occurred prior to the probate of the will.#

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, § 53-5-4, enacted by Ga. L. 1996, p. 504, § 10.

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

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