Georgia Code
Part 4 - Registers and Registration
§ 44-2-130. Cancellation of Decedent’s Certificate and Issuance of New Certificate to Personal Representative

Upon the grant of letters of administration or executorship by the probate court and upon presentation of a certified copy of the letters to the clerk of the superior court together with the presentation of the owner’s certificate, the clerk shall make a special entry on the certificate of title on the title register showing the presentation of the letters of administration or executorship, the name of the representative, the court and county of his appointment, and the dates of the letters and of the transfer of the title to the representative. The clerk shall thereupon cancel the certificate of title and the owner’s certificate outstanding in the name of the decedent and shall issue to the administrator or the executor, as the case may be, a new owner’s certificate. If the decedent was the owner of only a fractional undivided interest in the title and the outstanding certificate stood in the name of the decedent and others or if from any other cause the decedent was not the sole owner of the certificate, the outstanding certificates shall nevertheless be canceled and a new certificate registered and a new owner’s certificate issued with the name of the personal representative substituted for the name of the decedent.
History. Ga. L. 1917, p. 108, § 44; Code 1933, § 60-408.

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 2 - Recordation and Registration of Deeds and Other Instruments

Article 2 - Land Registration

Part 4 - Registers and Registration

§ 44-2-120. Furnishing and Maintaining Register Books; Issuance of Owner’s Certificate of Title

§ 44-2-121. Signing and Dating Register Entries and Owners’ Certificates

§ 44-2-122. Clerk’s Duties and Liabilities; Conclusive Effect of Registration Entries; Time for Filing Caveat; Petition for Direction

§ 44-2-123. Clerk’s Duty to Ensure Proper Execution of Voluntary Transfer; Liability for Damage or Loss Arising From Registration of Improperly Executed Transfer

§ 44-2-124. Performance of Duties Upon Disqualification, Death, or Disability of Clerk

§ 44-2-125. When Recordation Other Than Registration Not Required; Filing Instruments; Admissibility of Certified Copies and Use as Evidence; Recordation Procedure When Instrument Is Not in Short Form

§ 44-2-126. Notation of Lien or Encumbrance on Certificate of Title — in General

§ 44-2-127. Notation of Lien or Encumbrance on Certificate of Title — Registered Encumbrances, Rights, and Adverse Claims

§ 44-2-128. Registration of Transactions Affecting Unregistered Land as Notice

§ 44-2-129. Registration of Involuntary Transactions on Court’s Order; Form

§ 44-2-130. Cancellation of Decedent’s Certificate and Issuance of New Certificate to Personal Representative

§ 44-2-131. Declaration of Title by Descent Upon Petition; Service of Petition and Publication of Notice; Transfer of Registered Title and Issuance of New Certificates; Rights of Surviving Spouse

§ 44-2-132. Compelling Production of Owner’s Certificate for Registration of Involuntary Transfer; Cancellation of Certificate Upon Failure to Produce It; Notice of Cancellation

§ 44-2-133. Procedure for Obtaining Duplicate of Lost Owner’s Certificate

§ 44-2-134. Filing Caveat Objecting to Entry in Title Register; Show Cause Hearing Upon Caveat

§ 44-2-135. Obtaining Notations in Title Register

§ 44-2-136. Cancellation of Mortgage, Lien, Equity, or Lis Pendens; Entry of Cancellation on Title Register and Certificate; Procedure Upon Refusal to Authorize Cancellation

§ 44-2-137. What Adverse Claims Affect Registered Land; Effect of Fraud or Forgery; Limitations on Actions to Set Aside

§ 44-2-138. What Limitations Govern Actions by Injured Party for Fraud or Negligence

§ 44-2-140. Availability of Prescription or Adverse Possession Against Registered Land

§ 44-2-141. Rights, Burdens, and Incidents as to Both Registered and Unregistered Land; Validity of Transfers of Title by Last Registered Owner

§ 44-2-142. Notation of Change of Name on Register and Certificate

§ 44-2-143. Notation of Liens and Lis Pendens on Register; Effect Absent Notation

§ 44-2-144. Freeing Land From Further Registration; Certificates as Conclusive Source of Title; Notation of Encumbrances; When Land Automatically Freed; Registered Land Free of Further Registration; Exception