In cases of difficulty in construing wills, in distributing estates, in ascertaining the persons entitled, or in determining under what law property should be divided, the representative may ask the direction of the court, but not on imaginary difficulties or from excessive caution.
History. Orig. Code 1863, § 3076; Code 1868, § 3088; Code 1873, § 3145; Code 1882, § 3145; Civil Code 1895, § 4000; Civil Code 1910, § 4597; Code 1933, § 37-404.
Law reviews.
For note, “Determining Principal and Income Allocation in Georgia Trusts,” see 8 Ga. St. B.J. 564 (1972).
For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).
Structure Georgia Code
Chapter 2 - Grounds for Equitable Relief
Article 5 - Administration of Assets Generally
§ 23-2-90. Legal and Equitable Assets Defined; Rules of Distribution
§ 23-2-91. When Equity Will Interfere With Administration of Estates
§ 23-2-92. Application for Direction or Construction of Will
§ 23-2-93. Marshaling Assets of Decedent’s Estate
§ 23-2-94. Compelled Election in Marshaling Assets
§ 23-2-95. Creditors’ Petitions
§ 23-2-96. When Equitable Assets May Be Reached by Creditor
§ 23-2-97. Time Limit for Intervention in Case Disposing of Assets; Publication of Order
§ 23-2-98. Application of Joint and Individual Assets to Debts