§ 53-5-11 - (Pre-1998 Probate Code) Order for year's support awarding interest in real property; filing of certificate identifying parties and property; fee; manner of indexing; return of certificat
O.C.G.A. 53-5-11 (2010)
53-5-11. (Pre-1998 Probate Code) Order for year's support awarding interest in real property; filing of certificate identifying parties and property; fee; manner of indexing; return of certificate to probate court
(a) Whenever a judge of any probate court grants an order for year's support which awards any interest in real property situated in this state, the judge or his clerk, within 30 days after granting the order, shall cause a certificate of the order to be filed with the clerk of the superior court in any county of this state where the real property or any part thereof is located. The certificate shall:
(1) Identify, in the manner provided in Code Section 53-5-6, those persons receiving the interest;
(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 situated, shall be sufficient to describe real property situated outside the county to which the order or copy thereof was sent; and
(4) Contain a certification by the judge that the information in the certificate is correct.
(b) 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.
(c) 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 name appearing thereon as follows:
(1) Grantor -- Name of decedent; and
(2) Grantee -- Name of surviving spouse, if any; name of minor children, if any; name of unborn child, if any.
(d) Upon the filing and recording as provided in subsection (c) of this Code section, the certificate shall be returned to the probate judge or his clerk from whom it was received, for inclusion in the probate court's permanent file. The probate court shall not be required to enter the certificate on the minutes of the court after the return of a certificate recorded under subsection (c) of this Code section.