2025 Code of Georgia
Title 53 - Wills, Trusts, and Administration of Estates (Chs. 1 — 17)
Chapter 2 - Descent and Distribution (Arts. 1 — 5)
Article 2 - Judicial Determination of Heirs and Interests (§§ 53-2-20 — 53-2-28)
§ 53-2-21. Filing of petition

• (a) Any personal representative, guardian, conservator, trustee, trust director, other fiduciary, or other person having a status that either by operation of law or pursuant to written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as provided in Code Section 53-2-20. The petition shall allege:

  • (1) The names, addresses, ages, and relationship, so far as known to the petitioner, of all parties in interest, other than creditors, and the nature and character of such interests; and

  • (2) Whether the petitioner has reason to apprehend that there may be others entitled to participate in the distribution whose names are unknown to the petitioner.

• (b) With respect to the estate of a decedent who the petitioner knows or has reason to apprehend is an obligor within the meaning of subparagraph (B) of paragraph (17) of Code Section 19-11-101, an individual who is an obligee within the meaning of subparagraph (C) of paragraph (16) of Code Section 19-11-101 is a party in interest for purposes of subsection (a) of this Code section.

History

Code 1981, § 53-2-21, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2025, p. 806, § 40/HB 327, effective July 1, 2025.

Annotations

Notes

The 2025 amendment, effective July 1, 2025, rewrote this Code section.

Commentary

This section carries over former OCGA Sec. 53-4-31. For general provisions on the filing of petitions in the probate court, see Chapter 11 of this Title.

JUDICIAL DECISIONS

In light of the similarity of the statutory provisions, decisions under Ga. L. 1958, p. 361, § 2, are included in the annotations for this Code section.

Research References & Practice Aids

26B C.J.S., Descent and Distribution, §§ 83, 84.

Form and sufficiency of allegations of heirship, 110 A.L.R. 1239.

Questions regarding rights of inheritance or other rights in respect of another’s estate after death as proper subject of declaratory action before latter’s death, 139 A.L.R. 1239.

O.C.G.A. Title 53

O.C.G.A. Title 53, Ch. 2