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the Georgia Code
2006 Georgia Code - 53-2-7
53-2-7. (a) Upon the death of an intestate decedent who
is the owner of any interest in real property, the title to any
such interest which survives the intestate decedent shall vest
immediately in the decedent´s heirs at law, subject to
divestment by the appointment of an administrator of the
estate. (b) The title to all
other property owned by an intestate decedent shall vest in the
administrator of the estate for the benefit of the decedent´s
heirs and creditors. (c) Upon
the appointment of an administrator, the title to any interest in
real property which survives the intestate decedent shall vest in
the administrator for the benefit of the heirs and creditors of the
decedent, and title to such property shall not revest in the heirs
until the administrator assents to such revesting. For purposes of
this Code section, the assent of the administrator shall be proved
in the manner set out in Code Section 53-8-15. (d) Upon the appointment of an administrator,
the right to the possession of the whole estate is in the
administrator, and, as long as administration continues, the right
to recover possession of the estate from all other persons is
solely in the administrator. The administrator may recover
possession of any part of the estate from the heirs at law or
purchasers from them; but, in order to recover real property, it is
necessary for the administrator to show, upon the trial, either
that the property which is the subject of the action has been in
the administrator´s possession and without the
administrator´s consent is held by the defendant at the time
of bringing the action or that it is necessary for the
administrator to have possession for the purpose of paying the
debts, making a proper distribution, or for other purposes provided
for by law. An order for sale or distribution, granted by the judge
of the probate court after notice to the defendant, shall be
conclusive evidence of either fact. (e) If an order has been entered under Code
Section 53-2-41 that no administration is necessary, or if the
administrator has assented to the vesting of title in the heirs,
the heirs may take possession of the property or may sue for
possession of the property in their own right.
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