Application for Exemptions; to Whom Made; Contents; Schedule of Property and List of Creditors; Effect of Failure to Comply; Survey

  1. Law
  2. Georgia Code
  3. Property
  4. Exemptions From Levy and Sale
  5. Constitutional Exemptions
  6. In General
  7. Application for Exemptions; to Whom Made; Contents; Schedule of Property and List of Creditors; Effect of Failure to Comply; Survey

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  1. Each person seeking the benefit of the exemptions provided in this article shall apply by petition to the judge of the probate court of the county in which he resides or in which the debtor's minor children or dependents reside when the application is made for their benefit. The petition shall state:
    1. The debtor for whom the exemption is claimed;
    2. The names and ages of minor children and dependents of the debtor; and
    3. Out of what and whose property exemptions are claimed.

      The petition shall comply with all the requirements of the laws for the setting apart and valuation of the exemptions provided by this article.

  2. The applicant shall accompany his petition with a schedule containing a minute and accurate description of all real and personal property belonging to the person from whose estate the exemption is to be made so that persons interested may know exactly what is exempted and what is not and also with a list of his creditors and their post office addresses, if known, which must be sworn to by the applicant or his agent.
  3. For a failure to comply with this Code section either in the original petition which may be amended at any time prior to the final proceedings before the judge of the probate court or in the amended petition, the judge shall dismiss the petition.
  4. The applicant shall apply to the judge of the probate court for an order to the county surveyor or, if there is none, to some other surveyor to lay off any real property of the applicant and to make a plat of the same, which order the judge shall issue at once and give to the applicant.

(Ga. L. 1868, p. 27, § 2; Code 1873, § 2003; Ga. L. 1876, p. 48, § 1; Ga. L. 1878-79, p. 99, § 1; Code 1882, § 2003; Civil Code 1895, § 2828; Civil Code 1910, § 3378; Code 1933, § 51-201; Code 1981, §44-13-5; Ga. L. 1982, p. 3, § 44; Code 1981, §44-13-4, as redesignated by Ga. L. 1983, p. 1170, § 2.)

Cross references.

- Appointment of person to perform duties of county surveyor when no such office exists in county, § 36-7-13.

RESEARCH REFERENCES

Am. Jur. 2d.

- 31 Am. Jur. 2d, Exceptions, §§ 16-18, 33, 36-119, 152, 159-161, 164, 177, 186. 40 Am. Jur. 2d, Homesteads, §§ 16, 18, 40 et seq., 78 et seq., 146, 162, 167 et seq.

ALR.

- Estate or interest in real property to which a homestead claim may attach, 74 A.L.R.2d 1355.


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