§ 53-4-12 - (Pre-1998 Probate Code) Distribution of estate in kind -- Hearing and order for distribution or division; appointments; procedure when legatees, not entitled to shares; recordation of re - Georgia Statutes

O.C.G.A. 53-4-12 (2010)
53-4-12. (Pre-1998 Probate Code) Distribution of estate in kind -- Hearing and order for distribution or division; appointments; procedure when legatees, not entitled to shares; recordation of return of appraisers and copy of judgment

(a) Upon hearing the petition of the applicant, the judge of the probate court, if no good cause to the contrary is shown, shall grant an order for distribution or division and appoint three or more freeholders of the county where the administration is pending or where the decedent resided at the time of his death, whose duty it shall be to appraise and divide impartially all of the property of the decedent, whether the property is located in the county where the administration is pending or where the decedent resided at the time of his death or in other counties of this state. The property shall be divided into the requisite number of shares and, by lot or otherwise, each distributee shall be assigned his share, equalizing the same, if necessary, by balances in money, to be paid either out of the estate or by the respective distributees. The appraisers and partitioners shall first be duly sworn to the faithful and impartial discharge of their duties. If only a portion of the distributees or legatees are entitled at the time of distribution to the possession of the property, their shares may be set apart as provided in this subsection and the remainder may be held in common for future distribution.

(b) In all cases where property is divided in kind, as provided in subsection (a) of this Code section, where the property is located in counties other than the county where the administration is pending or where the decedent resided at the time of his death, the return of the appraisers, together with a certified copy of the judgment of the probate court issued thereon, shall be recorded in each county where any of the property so divided is located. The return and the certified judgment of the probate court shall constitute prima-facie evidence of the transfer of title of the property to the person to whom the property was assigned by the appraisers.