2022 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 5 - Probate
Article 3 - Solemn Form
§ 53-5-20. Conclusiveness
- Probate in solemn form is conclusive upon all persons served with notice, including persons waiving service of notice or served with notice through a guardian ad litem or other appropriate representative, and upon all beneficiaries under the will who are represented by the personal representative.
- As to heirs and other persons required to be served with notice by Code Section 53-5-22 who are not effectively served with notice in a manner adequate to satisfy subsection (a) of this Code section, a proceeding to probate in solemn form shall otherwise be as conclusive as if probate had been in common form.
- Except as otherwise provided in subsections (a) and (b) of this Code section, a proceeding to probate in solemn form is conclusive against all persons, regardless of service or notice, six months from the date the order admitting such will to probate in solemn form is entered by the court in such proceeding.
History. Code 1981, § 53-5-20 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-21/HB 865.
The 2020 amendment, effective January 1, 2021, designated the first sentence of the previously existing provisions as subsection (a) and, in subsection (a), substituted “persons served with notice, including persons waiving service of notice or served with notice through a guardian ad litem or other appropriate representative,” for “parties notified” and substituted “personal representative” for “executor”; designated the second sentence of the previously existing provisions as subsection (b) and, in subsection (b), inserted “and other persons required to be served with notice by Code Section 53-5-22 who are” and substituted “served with notice in a manner adequate to satisfy subsection (a) of this Code section” for “notified”; and added subsection (c).
Cross references.
Subscribing witness’s testimony, § 24-9-903 .
Law reviews.
For comment on Byrd v. Riggs, 209 Ga. 930 , 76 S.E.2d 774 (1953), see 16 Ga. B.J. 338 (1954); 18 Ga. B.J. 211 (1955).
For comment on the constitutionality of Ga. L. 1958, pp. 657, 658; as amended by Ga. L. Ex. Sess., 1964, pp. 16, 17, reducing the number of required witnesses to a will to two, in light of the constitutional provision that no law shall refer to more than one subject matter, see 1 Ga. St. B.J. 126 (1964).
For article discussing methods of summary distribution and settlement of decedent’s estate, see 6 Ga. L. Rev. 74 (1971).
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 71 Mercer L. Rev. 327 (2019).
For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).
