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Article 1 - General Provisions
§ 53-4-1. Power of Testator - A testator, by will, may make any disposition of property...
§ 53-4-2. When Will Takes Effect - A will shall take effect instantly upon the death of...
§ 53-4-3. Determination Whether Instrument Is Will - No particular form is necessary to constitute a will. To...
§ 53-4-4. Incorporation of Extrinsic Documents Into Will - History. Code 1981, § 53-4-4 , enacted by Ga. L....
§ 53-4-5. Written Statement or List Disposing of Items of Tangible Personal Property - The writing may be referred to as one to be...
Article 2 - Testamentary Capacity
§ 53-4-10. Minimum Age; Conviction of Crime - History. Code 1981, § 53-4-10 , enacted by Ga. L....
§ 53-4-11. Decided and Rational Desire; Incapacity to Contract; Insanity; Advanced Age or Eccentricity - History. Code 1981, § 53-4-11 , enacted by Ga. L....
§ 53-4-12. Freedom of Volition - A will must be freely and voluntarily executed. A will...
Article 3 - Execution and Attestation
§ 53-4-20. Required Writing; Signing; Witnesses; Codicil - History. Code 1981, § 53-4-20 , enacted by Ga. L....
§ 53-4-21. Knowledge of Contents of Will by Testator - Knowledge of the contents of a will by the testator...
§ 53-4-22. Competency of Witness - History. Code 1981, § 53-4-22 , enacted by Ga. L....
§ 53-4-23. Testamentary Gift to Witness or Witness’s Spouse - History. Code 1981, § 53-4-23 , enacted by Ga. L....
§ 53-4-24. Self-Proved Will or Codicil - Click to view STATE OF GEORGIA COUNTY of Before me,...
Article 4 - Joint or Mutual Wills
§ 53-4-30. Contract Concerning Succession - A contract made on or after January 1, 1998, that...
§ 53-4-31. Definitions - History. Code 1981, § 53-4-31 , enacted by Ga. L....
§ 53-4-32. Effect of Execution - The execution of a joint will or of mutual wills...
§ 53-4-33. Revocation - History. Code 1981, § 53-4-33 , enacted by Ga. L....
Article 5 - Revocation and Republication
§ 53-4-40. Power of Testator - A will may be changed or revoked by the testator...
§ 53-4-41. Intent - In all cases of revocation, the intent to revoke is...
§ 53-4-42. Express or Implied Revocation - History. Code 1981, § 53-4-42 , enacted by Ga. L....
§ 53-4-43. Subsequent Will or Other Written Instrument - An express revocation may be effected by a subsequent will...
§ 53-4-44. Destruction or Obliteration of Will or Material Portion Thereof - An express revocation may be effected by any destruction or...
§ 53-4-45. Revival or Republication of Previous Will - History. Code 1981, § 53-4-45 , enacted by Ga. L....
§ 53-4-46. Presumption of Intent - History. Code 1981, § 53-4-46 , enacted by Ga. L....
§ 53-4-47. Effect of Implied Revocation - An implied revocation extends only so far as an inconsistency...
§ 53-4-48. Effect of Testator’s Marriage, or Birth or Adoption of Child; Provision in Will for Class of Children - History. Code 1981, § 53-4-48 , enacted by Ga. L....
§ 53-4-49. Effect of Testator’s Divorce, Annulment, or Remarriage to Former Spouse - All provisions of a will made prior to a testator’s...
§ 53-4-50. Republication of Revoked Will - A revoked will may be republished by a writing executed...
Article 6 - Construction of Will; Testamentary Gifts
§ 53-4-55. Construction of Wills; Intention of Testator - In the construction of all wills, the court shall seek...
§ 53-4-56. Construction of Wills; Parol Evidence - In construing a will, the court may hear parol evidence...
§ 53-4-57. Partial Illegality of Will - If a will is illegal in part, the part that...
§ 53-4-58. Failure to Provide for Living Child Believed Dead - If at the time of execution of the will the...
§ 53-4-59. Specific, Demonstrative, General, or Residuary Testamentary Gifts - Testamentary gifts may be specific, demonstrative, general, or residuary. A...
§ 53-4-60. Income, Profit, or Increase of Specific Testamentary Gifts - The income, profit, or increase of specific testamentary gifts, as...
§ 53-4-61. Time at Which General or Demonstrative Testamentary Gift Bears Interest - History. Code 1981, § 53-4-61 , enacted by Ga. L....
§ 53-4-62. Testamentary Gift to Charity - If a testamentary gift to a charity cannot be executed...
§ 53-4-63. Payment of Debts of Testator and Expenses of Estate Administrator - History. Code 1981, § 53-4-63 , enacted by Ga. L....
§ 53-4-64. Death of Beneficiary Before Will Executed or Before Death of Testator - History. Code 1981, § 53-4-64 , enacted by Ga. L....
§ 53-4-65. Disposition of Lapsed or Void Testamentary Gift of Residuum - History. Code 1981, § 53-4-65 , enacted by Ga. L....
§ 53-4-66. Ademption or Destruction of Specific Testamentary Gift - Except as provided in Code Section 53-4-67, a specific testamentary...
§ 53-4-67. Exchange, Loss, Theft, Destruction, or Condemnation of Testamentary Gift - History. Code 1981, § 53-4-67 , enacted by Ga. L....
§ 53-4-68. Conditions That Are Impossible, Illegal, or Against Public Policy; Conditions in Terrorem - History. Code 1981, § 53-4-68 , enacted by Ga. L....
§ 53-4-69. Election by Beneficiary With Claim Adverse to Will - A beneficiary taking under a will shall allow all the...
§ 53-4-70. Election by Beneficiary Owning Testamentary Gift of Property - History. Code 1981, § 53-4-70 , enacted by Ga. L....
§ 53-4-71. Compensation to Defeated Beneficiary Electing Against Will - If, pursuant to Code Sections 53-4-69 and 53-4-70, an election...
§ 53-4-72. Passing of After-Acquired Property - All property owned by the testator at death that was...
§ 53-4-73. Disposition of Heart Pacemakers - History. Code 1981, § 53-4-73 , enacted by Ga. L....
§ 53-4-74. Pecuniary Marital Deduction Testamentary Gift or Transfer - History. Code 1981, § 53-4-74 , enacted by Ga. L....