Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to either the probate court or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of interest established. The petition in such a case shall contain the same averments as to all parties at interest required of persons filing under Code Section 53-2-21 with the person charged with the duty of distribution being named as a party.
(Code 1981, §53-2-22, enacted by Ga. L. 1996, p. 504, § 10.)
RESEARCH REFERENCES
C.J.S.
- 26B C.J.S., Descent and Distribution, §§ 83, 84.
ALR.
- Form and sufficiency of allegations of heirship, 110 A.L.R. 1239.
Time as of which members of class described as grantor's or settler's "heirs," "next of kin," "relations," and the like to whom a future gift is made, are to be ascertained, 38 A.L.R.2d 327.
Validity and enforceability of provision of will or trust instrument for forfeiture or reduction of share of contesting beneficiary, 23 A.L.R.4th 369.