---
title: O.C.G.A. § 53-5-4. Recovery of property from bona fide purchaser for value.
collection: code
id: 53-5-4
cite_as: O.C.G.A. § 53-5-4 (2025)
canonical_url: https://georgiacommons.org/code/53-5-4
md_url: https://georgiacommons.org/code/53-5-4.md
text_url: https://georgiacommons.org/code/53-5-4/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=476
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.
up: https://georgiacommons.org/code/53-5.md
previous: https://georgiacommons.org/code/53-5-3.md
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index: https://georgiacommons.org/code/index.md
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 / GENERAL PROVISIONS
---

# O.C.G.A. § 53-5-4. Recovery of property from bona fide purchaser for value.

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.

## History

Code 1981, § 53-5-4, enacted by Ga. L. 1996, p. 504, § 10.