Awarding Interest in Real Property

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Year's Support
  5. Awarding Interest in Real Property

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  1. When the probate court grants an order for year's support which awards an interest in real property located in this state, within 30 days after granting the order the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located. The certificate shall:
    1. Identify in the manner provided in Code Section 53-3-5 those individuals receiving the interest;
  2. The certificate to be filed under subsection (a) of this Code section shall be accompanied by the same fee required for the filing of deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.
  3. The clerk of any superior court receiving the certificate provided in subsection (a) of this Code section shall file and record the certificate upon the deed records of that county. The certificate shall be indexed according to the names appearing on the certificate as follows:
    1. The grantor is the name of decedent; and
    2. The grantee is the name of the individual or individuals to whom the award was made.
  4. Upon the filing and recording as provided in subsection (c) of this Code section, the certificate shall be returned to the probate court from whom it was received, for inclusion in the probate court's permanent file. The probate court shall not be required to enter a certificate on the minutes of the court after the return of a certificate recorded under subsection (c) of this Code section.

(2) Identify the interest received;

(3) Contain a legal description sufficient under the laws of this state to pass title to the real property in which the interest was received, provided that the words "Also lands in ________________________ County(ies)," which accurately identifies other counties within which the real property is located, shall be sufficient to describe real property located outside the county to which the order or a copy of the order was sent; and

Contain a certification by the probate court that the information in the certificate is correct.

(Code 1981, §53-3-11, enacted by Ga. L. 1996, p. 504, § 10.)

Cross references.

- Recording of deeds and other instruments generally, § 44-2-1 et seq.

COMMENT

This section carries forward former OCGA Sec. 53-5-11.

RESEARCH REFERENCES

C.J.S.

- 34 C.J.S., Executors and Administrators, § 481.

ALR.

- Family allowance granted widow as payable from community interests of decedent and widow, 9 A.L.R.2d 529.


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