---
title: O.C.G.A. § 53-5-43. Evidence of authority.
collection: code
id: 53-5-43
cite_as: O.C.G.A. § 53-5-43 (2025)
canonical_url: https://georgiacommons.org/code/53-5-43
md_url: https://georgiacommons.org/code/53-5-43.md
text_url: https://georgiacommons.org/code/53-5-43/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=526
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 / FOREIGN PERSONAL REPRESENTATIVES
---

# O.C.G.A. § 53-5-43. Evidence of authority.

A copy of letters, or like documentation authenticated in accordance with Code Section 24-9-922, evidencing the qualification of the personal representative of the decedent who died domiciled outside this state, shall constitute prima-facie evidence of the authority of the personal representative to act in this state. Whenever a personal representative shall execute and deliver any deed of assent or conveyance with respect to real property located within this state, the personal representative shall attach to such deed as an exhibit the authenticated copy of the letters, and a certified copy of the will in the case of a testate decedent. The clerks of the superior courts of this state shall not be authorized to accept for filing and recording any deed given by such personal representative that does not conform to the foregoing requirements. Unless a third party has actual knowledge of the existence or pendency of ancillary probate or administration with respect to the decedent within this state, the third party who is dealing with the personal representative in reliance on the personal representative’s letters and, in the case of a testate decedent, the out-of-state or foreign will, shall be fully protected.

## History

Code 1981, § 53-5-43, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2011, p. 99, § 99/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).