State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-10 > 53-10-1

O.C.G.A. 53-10-1 (2010)
53-10-1. (Pre-1998 Probate Code) Order dispensing with administration -- Petition; verification and contents; availability where property subject to security deed or known debts


(a) When any person owning real or personal property located in this state has died intestate and no permanent administration in this state has been had upon the estate, any heir at law of the deceased owner may file a petition in the probate court of the county of the residence of the deceased owner if the decedent was a resident of this state or in the county in which the property is located if the decedent was not a resident of this state, praying for an order that no administration or no permanent administration, as the case may be, is necessary.

(b) The petition provided for in subsection (a) of this Code section shall be sworn to and shall show the names, ages, and places of residence of all of the heirs at law of the deceased owner; the amounts and description of the real and personal property in this state owned by the deceased owner; that the estate of the decedent owes no debts; and that the heirs at law have agreed upon a division of the estate amicably among themselves. Property subject to an outstanding security deed, although the indebtedness is a charge against the estate, may be subject to like administration if the holder of the security deed consents or is served and makes no objection thereto or the order may also be granted in instances where there are known debts and all of the known creditors join in a written consent to the order.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-10 > 53-10-1

O.C.G.A. 53-10-1 (2010)
53-10-1. (Pre-1998 Probate Code) Order dispensing with administration -- Petition; verification and contents; availability where property subject to security deed or known debts


(a) When any person owning real or personal property located in this state has died intestate and no permanent administration in this state has been had upon the estate, any heir at law of the deceased owner may file a petition in the probate court of the county of the residence of the deceased owner if the decedent was a resident of this state or in the county in which the property is located if the decedent was not a resident of this state, praying for an order that no administration or no permanent administration, as the case may be, is necessary.

(b) The petition provided for in subsection (a) of this Code section shall be sworn to and shall show the names, ages, and places of residence of all of the heirs at law of the deceased owner; the amounts and description of the real and personal property in this state owned by the deceased owner; that the estate of the decedent owes no debts; and that the heirs at law have agreed upon a division of the estate amicably among themselves. Property subject to an outstanding security deed, although the indebtedness is a charge against the estate, may be subject to like administration if the holder of the security deed consents or is served and makes no objection thereto or the order may also be granted in instances where there are known debts and all of the known creditors join in a written consent to the order.

State Codes and Statutes

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-10 > 53-10-1

O.C.G.A. 53-10-1 (2010)
53-10-1. (Pre-1998 Probate Code) Order dispensing with administration -- Petition; verification and contents; availability where property subject to security deed or known debts


(a) When any person owning real or personal property located in this state has died intestate and no permanent administration in this state has been had upon the estate, any heir at law of the deceased owner may file a petition in the probate court of the county of the residence of the deceased owner if the decedent was a resident of this state or in the county in which the property is located if the decedent was not a resident of this state, praying for an order that no administration or no permanent administration, as the case may be, is necessary.

(b) The petition provided for in subsection (a) of this Code section shall be sworn to and shall show the names, ages, and places of residence of all of the heirs at law of the deceased owner; the amounts and description of the real and personal property in this state owned by the deceased owner; that the estate of the decedent owes no debts; and that the heirs at law have agreed upon a division of the estate amicably among themselves. Property subject to an outstanding security deed, although the indebtedness is a charge against the estate, may be subject to like administration if the holder of the security deed consents or is served and makes no objection thereto or the order may also be granted in instances where there are known debts and all of the known creditors join in a written consent to the order.