A foreign will or an out-of-state will may be admitted to original common or solemn form probate under the rules governing probate of wills of testators who die domiciled in this state upon proof that the will is valid under the laws of this state and that it has not been offered for probate or establishment in the domiciliary jurisdiction or that it has been offered for probate but either no timely caveat or similar objection was filed in the domiciliary jurisdiction or the grounds of a pending caveat or similar objection are not such as would, if proved, cause the denial of probate.
History. Code 1981, § 53-5-31 , enacted by Ga. L. 1996, p. 504, § 10.
Law reviews.
For comment discussing Georgia probate of will witnessed, executed, and probated in another state, in light of In re Barrie’s Estate, 240 Iowa 431, 35 N.W.2d 658 (1949), see 1 Mercer L. Rev. 135 (1949).
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Article 5 - Foreign and Out-of-State Wills; Nondomiciliaries
§ 53-5-31. Requisites for Admission to Probate
§ 53-5-32. Effect of Admission to Probate
§ 53-5-33. Requisites for Admission to Ancillary Probate
§ 53-5-34. Effect of Admission to Ancillary Probate
§ 53-5-35. Muniments of Title to Realty
§ 53-5-37. Qualification of Executor or Administrator
§ 53-5-38. Distribution of Intestate Nondomiciliary’s Real Property
§ 53-5-39. Appointment of Administrator of Intestate Nondomiciliary’s Estate
§ 53-5-40. Notice Given by Ancillary Personal Representative