If, at the time and place appointed for passing upon the application, no objection is raised by any creditor of the applicant, the judge of the probate court shall endorse upon the schedule and upon the plat: “Approved this the _______________ day of _______________ , _______________ ,” filling the blanks, and shall sign the schedule and plat officially and hand such application to the clerk of the superior court of the clerk’s county; and, when land out of the clerk’s county is exempted, the judge shall transmit a certified copy of the exempted real property to the clerk of the superior court of each county in which exempted land is located. Each clerk of the superior court of a county in which exempted land is located shall record the exempted real property in a book to be kept for that purpose.
History. Ga. L. 1868, p. 27, § 5; Code 1873, § 2009; Ga. L. 1877, p. 18, § 1; Code 1882, § 2009; Civil Code 1895, § 2835; Ga. L. 1898, p. 51, § 1; Civil Code 1910, § 3385; Code 1933, § 51-402; Code 1981, § 44-13-12 ; Ga. L. 1982, p. 3, § 44; Code 1981, § 44-13-11 , as redesignated by Ga. L. 1983, p. 1170, § 2; Ga. L. 1999, p. 81, § 44; Ga. L. 2011, p. 99, § 83/HB 24.
The 2011 amendment, effective January 1, 2013, in the first sentence, substituted “such application” for “them” and twice substituted “the clerk’s county” for “his county”; and deleted “in his office, which record or a certified transcript thereof shall be competent evidence in all the courts of this state” following “purpose” at the end of the last sentence. See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-12 as this Code section. The 1983 Act also redesignated former Code Section 44-13-11, relating to survey of exempted real property, as present Code Section 44-13-10.
Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.
Law reviews.
For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).
Structure Georgia Code
Chapter 13 - Exemptions From Levy and Sale
Article 1 - Constitutional Exemptions
§ 44-13-1. Amount of Exemption; Who May Claim Exemption; What Charges Enforceable
§ 44-13-1.1. “Dependent” Defined
§ 44-13-3. Supplementation of Exemption
§ 44-13-5. Survey of Lands in Different County
§ 44-13-6. Duty to Provide Full Schedule of Property; Effect of Fraudulent Omissions
§ 44-13-7. Publication of Notice of Application; Form
§ 44-13-8. Written Notice to Creditors; How Given
§ 44-13-9. Time Fixed by Notice for Hearing
§ 44-13-12. Objections to Schedule
§ 44-13-15. How Cash Exempted; Investment in Personalty
§ 44-13-16. Sale of Exempted Property for Reinvestment; Procedure; Effect
§ 44-13-18. Disposition of Rents and Profits Arising From Exempted Property
§ 44-13-19. Costs of Proceedings
§ 44-13-20. Reversion of Property Set Apart for Spouse, Children, or Dependents