(For Effective Date, See note.) Construction of Will by Superior Court

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Administration of Estates Generally
  5. Settlement of Accounts
  6. Annual Returns and Intermediate Reports
  7. (For Effective Date, See note.) Construction of Will by Superior Court

Checkout our iOS App for a better way to browser and research.

  1. Except as otherwise provided in subsection (b) of this Code section and in paragraph (7) of subsection (a) of Code Section 15-9-127, whenever it appears that a question of construction of a will is involved in the accounting, the probate court, upon its own motion or upon the motion of any party in interest, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined.
  2. A probate court subject to Article 6 of Chapter 9 of Title 15 shall have jurisdiction over questions of construction of a will involved in the accounting and may determine all such questions without transferring the accounting to the superior court.
  3. The probate court may suspend further proceedings pending a final determination of the questions of construction.
  4. After a final determination of the questions of construction, the probate court shall proceed with the accounting.

(Code 1981, §53-7-75, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-54/HB 865.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 80 Am. Jur. 2d, Wills, § 1274 et seq.

C.J.S.

- 34 C.J.S., Executors and Administrators, § 649.

ALR.

- Validity and construction of trust provision authorizing trustee to purchase trust property, 39 A.L.R.3d 836.


Download our app to see the most-to-date content.