§ 53-1-5 - (Pre-1998 Probate Code) Determination of residence of decedent in care of nursing home or similar facility at time of death - Georgia Statutes

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-1 > 53-1-5

O.C.G.A. 53-1-5 (2010)
53-1-5. (Pre-1998 Probate Code) Determination of residence of decedent in care of nursing home or similar facility at time of death

(a) For purposes of determining the county in which jurisdiction is proper in proceedings to probate a will or administer an estate, the provisions of this Code section shall govern the determination of the residence of a decedent who was in the care of a nursing home or other similar facility at the time of death.

(b) A person in the care of a nursing home or other similar facility at the time of such person's death shall be presumed to be a resident of the county in which such person resided immediately before entering such nursing home or other similar facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that such person considered, or in the absence of an impairment of such person's mental faculties would have considered, another county to be such person's home county, then such other county shall for the purposes of this Code section be considered to be such person's county of residence.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-1 > 53-1-5

O.C.G.A. 53-1-5 (2010)
53-1-5. (Pre-1998 Probate Code) Determination of residence of decedent in care of nursing home or similar facility at time of death

(a) For purposes of determining the county in which jurisdiction is proper in proceedings to probate a will or administer an estate, the provisions of this Code section shall govern the determination of the residence of a decedent who was in the care of a nursing home or other similar facility at the time of death.

(b) A person in the care of a nursing home or other similar facility at the time of such person's death shall be presumed to be a resident of the county in which such person resided immediately before entering such nursing home or other similar facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that such person considered, or in the absence of an impairment of such person's mental faculties would have considered, another county to be such person's home county, then such other county shall for the purposes of this Code section be considered to be such person's county of residence.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-1 > 53-1-5

O.C.G.A. 53-1-5 (2010)
53-1-5. (Pre-1998 Probate Code) Determination of residence of decedent in care of nursing home or similar facility at time of death

(a) For purposes of determining the county in which jurisdiction is proper in proceedings to probate a will or administer an estate, the provisions of this Code section shall govern the determination of the residence of a decedent who was in the care of a nursing home or other similar facility at the time of death.

(b) A person in the care of a nursing home or other similar facility at the time of such person's death shall be presumed to be a resident of the county in which such person resided immediately before entering such nursing home or other similar facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that such person considered, or in the absence of an impairment of such person's mental faculties would have considered, another county to be such person's home county, then such other county shall for the purposes of this Code section be considered to be such person's county of residence.