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O.C.G.A. § 53-5-2

Right to offer will for probate; “interested person” de- fined

— Code 1981, § 53-5-2, enacted by Ga

(a) As used in this Code section, the term “interested person” shall

include, but shall not necessarily be limited to, any heir of the decedent; legatee, devisee, or beneficiary under the will; creditor of the decedent; purchaser from an heir of the decedent; administrator or temporary administrator appointed for the estate of the decedent prior to the discovery of the will; trustee or beneficiary of a testamentary trust established by the will or of a trust to which the will makes a devise or bequest; and individual making a claim under, or having standing to caveat to the probate of, an earlier will. An agent, conservator, guardian, guardian ad litem, or other fiduciary or appropriate representative of such an interested person may act on such interested person’s behalf.

(b) The right to offer a will for probate shall belong to the executor, if one is named. If for any reason the executor fails to offer the will for

probate with reasonable promptness, or if no executor is named, any

interested person may offer the will for probate.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.