An heir or the administrator may petition the probate court for an order allowing a distribution in kind that is not pro rata as to each asset. The petition shall set forth the names and addresses of all the heirs and the requested distribution of the assets. Upon the filing of the petition, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title.
(Code 1981, §53-2-31, enacted by Ga. L. 1996, p. 504, § 10.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 23 Am. Jur. 2d, Descent and Distribution, §§ 1, 2, 13. 31 Am. Jur. 2d, Executors and Administrators, §§ 914, 945, 946, 972 et seq., 979, 985 et seq.
C.J.S.- 34 C.J.S., Executors and Administrators, §§ 482, 487, 493, 496, 515, 519.
ALR.
- Partition: division of building, 28 A.L.R. 727.
Probate of will as condition precedent to suit for partition by devises, 141 A.L.R. 1311.
Right to partial distribution of estate or distribution of particular assets, prior to final closing, 18 A.L.R.3d 1173.
Lack of final settlement of intestate's estate as affecting heir's right to partition of realty, 92 A.L.R.3d 473.