William J. Self, II, Judge
Probate Court of Bibb County
Well, apparently there was enough dissatisfaction with a certain provision of the new Revised Probate Code of 1998 that legislation was passed this year to amend it. Those of you familiar with probate practice will recall that, under the old law, title to real estate vested in the heirs of the decedent immediately upon death. The Revised Probate Code of 1998 changed the immediate vesting rule, such that title to both realty and personalty was, in essence, "in limbo" in the decedent's name, with vesting in the administrator upon appointment or vesting in the heirs only upon the passage of time (at first five years, changed to three years in 1999) without an administrator having been appointed.
H.B. 1204 has again revised O.C.G.A. §53-2-7 to revert to immediate vesting of title to real estate owned by an intestate decedent in the heirs. The Act becomes effective upon the Governor's signature. As of the date I am writing this article, he had not signed the Act, but I know of no opposition by him to the Act, which was introduced by Speaker Murphy. The important language of the newly revised Code section is: "Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent's heirs at law, subject to divestment by the appointment of an administrator of the estate. The title to all other property owned by an intestate decedent shall vest in the administrator of the estate for the benefit of the decedent's heirs and creditors." Upon the appointment of an administrator, title to the realty vests in the administrator and does not revest in the heirs until the administrator assents. The administrator remains entitled to possession of the whole estate, and provisions are made for the administrator to recover possession from heirs or purchasers from heirs.
Title to both real and personal property of a testate decedent continues to remain "in limbo" in the decedent's name until the will is admitted to probate and Letters Testamentary are issued. The executor then has control of and is entitled to possession of the whole estate, subject to the provisions of the wills and the interests of beneficiaries and creditors.