2021 Georgia Code
Title 15 - Courts
Chapter 9 - Probate Courts
Article 2 - Jurisdiction, Power, and Duties
§ 15-9-31. Authority of Judge of Probate Court to Grant Administration

The judge of the probate court can grant administration only on the estate of a person who was:

1. A resident at the time of his death of the county where the application is made; or
2. A nonresident of the state, with property in the county where the application is made or with a bona fide cause of action against some person therein.

(Orig. Code 1863, § 308; Code 1868, § 368; Code 1873, § 333; Code 1882, § 333; Civil Code 1895, § 4234; Civil Code 1910, § 4792; Code 1933, § 24-1902.)

- Jurisdiction of probate court over probate of wills generally, § 53-3-1.

- For annual survey article discussing trial practice and procedure, see 51 Mercer L. Rev. 487 (1999).

Residence of testator at death confers exclusive jurisdiction on ordinary (now probate judge) of that county. City of Blakely v. Hilton, 150 Ga. 27, 102 S.E. 340 (1920).

- If a nonresident of the state dies, owning bonds and promissory notes, which are in the possession of one residing in a county of this state, such person may be said to have property in that county, and the probate judge of that county may grant administration on the deceased's estate. Robbins v. National Bank, 241 Ga. 538, 246 S.E.2d 660 (1978).

Cause of action is personalty, and because the situs of personalty follows the owner thereof and is controlled by the domicile of the owner, a cause of action belonging to a nonresident could not be probated, and an attorney's files that made up that cause were likewise not property subject to probate. Escareno v. Noltina Crucible & Refractory Corp., 172 F.R.D. 522 (N.D. Ga. 1997).

Bonds and notes of nonresident held by person in county are property. McLaren v. Bradford, 52 Ga. 648 (1874).

- Administration of a nonresident's estate does not require ownership of tangible property in the state, but rather, the presence of a cause of action or injury to the decedent is a sufficient basis. Escareno v. Carl Nolte Sohne GmbH, 270 Ga. 264, 507 S.E.2d 743 (1998).

- Statute authorized the appointment of an administrator for an estate in the county where the decedent had a pending lawsuit. Escareno v. Noltina Crucible and Refractory Corp., 163 F.3d 1257 (11th Cir. 1998).

Jurisdiction is not lost because of prior appointment of administrator in the state where the nonresident owner was domiciled at the time of death. Ott v. Hutchinson, 91 Ga. 31, 16 S.E. 106 (1892); Jones v. Cooner, 142 Ga. 127, 82 S.E. 445 (1914).

- If there is no tangible estate, but when there is something to be done by an administrator which in contemplation of law may create an estate, such as suing for the death of a decedent, an administrator should be appointed. Robbins v. National Bank, 241 Ga. 538, 246 S.E.2d 660 (1978).

Cited in McPhail v. Barnhill, 42 Ga. App. 505, 156 S.E. 466 (1931); Smith v. Scarborough, 182 Ga. 157, 185 S.E. 105 (1936); Scarborough v. Long, 186 Ga. 412, 197 S.E. 796 (1938); Bell v. Southwell, 376 F.2d 659 (5th Cir. 1967); Guyett v. Guyett, 160 Ga. App. 622, 287 S.E.2d 632 (1981); Escareno v. Carl Nolte Sohne GmbH & Co., 77 F.3d 407 (11th Cir. 1996); Wright v. Goss, 229 Ga. App. 393, 494 S.E.2d 23 (1997); Escareno v. Noltina Crucible & Refractory Corp., 139 F.3d 1456 (11th Cir. 1998); Escareno v. Noltina Crucible & Refractory Corp., 172 F.R.D. 517 (N.D. Ga. 1994).

RESEARCH REFERENCES

ALR.

- Power to impound assets of nonresident decedent in state, 44 A.L.R. 801.