Georgia Code
Article 4 - Witnesses; Settlement Agreement; Expenses
§ 53-5-25. Settlement Agreement

History. Code 1981, § 53-5-25 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-24/HB 865.
The 2020 amendment, effective January 1, 2021, rewrote this Code section, which formerly read: “(a) Upon petition of the interested parties, any superior court on appeal or any probate court which is so authorized by Article 6 of Chapter 9 of Title 15 may approve a settlement agreement under which probate is granted or denied, providing for a disposition of the property contrary to the terms of the will. Approval of any settlement agreement that provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will shall be after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the court finds as a matter of fact that there is a bona fide contest or controversy.
“(b) All individuals who are sui juris and affected by such a settlement agreement shall be authorized to enter into such an agreement which shall be assented to in writing by all the heirs of the testator and by all sui juris beneficiaries affected by such a settlement.
“(c) All individuals who are not sui juris, or are unborn beneficiaries, heirs, or persons unknown shall be represented in such proceedings by an independent guardian ad litem. It shall be the duty of the guardian ad litem to investigate the proposed settlement and report to the court the guardian’s findings and recommendations. The court shall take the recommendations into consideration but shall not be bound by such recommendations.
“(d) A judgment entered in the court and based upon the settlement agreement shall be binding on all parties including individuals not sui juris, unborn beneficiaries or heirs, and persons unknown who are represented before the court by the guardian ad litem appointed for that purpose.”
Cross references.
Guardians ad litem and appraisers for year’s support in probate court proceedings, Uniform Rules for the Probate Courts, Rule 23.
Law reviews.
For article discussing methods of summary distribution and settlement of decedent’s estate, see 6 Ga. L. Rev. 74 (1971).
For article discussing possibility of compromise settlement between the heirs and devisees as disincentive for unfair distribution of will, see 10 Ga. L. Rev. 447 (1976).
For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986).
For survey article on wills, trusts, guardianships, and fiduciary administration for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003).
For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).

Structure Georgia Code