2010 Georgia Code
TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
CHAPTER 4 - DESCENT AND DISTRIBUTION
ARTICLE 1 - GENERAL PROVISIONS
§ 53-4-11 - (Pre-1998 Probate Code) Distribution of estate in kind -- Distribution upon order of probate court; notice of distribution; effect of Code section on will provisions as to distribution or division in kind

O.C.G.A. 53-4-11 (2010)
53-4-11. (Pre-1998 Probate Code) Distribution of estate in kind -- Distribution upon order of probate court; notice of distribution; effect of Code section on will provisions as to distribution or division in kind


(a) Whenever it is practicable, the judge of the probate court may order a distribution of the estate in kind, which order may be granted on the application of the representative or any distributee of the estate. In all such cases, the applicant shall give at least 20 days' written notice to all parties in interest within this state who are of age and to the guardians, if any, of minor distributees and shall also give notice to any persons in interest residing outside this state, by publication of the same at least twice a month for two months in the newspaper in which the official notices of the judge are published.

(b) Nothing in this Code section shall be construed as limiting or restricting the method of distribution provided for in a will or as requiring the approval of the judge for a distribution or division in kind made pursuant to directions in a will. In all cases where the will directs or authorizes a distribution or division in kind but fails to direct specifically how or by whom the distribution or division in kind is to be made, it shall be the duty and authority of the executor or the administrator with will annexed to make the distribution or division in kind.