Georgia Statutes
§ 53-4-46 — Presumption of intent
Georgia § 53-4-46
JurisdictionGeorgia
Title53
This text of Georgia § 53-4-46 (Presumption of intent) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 53-4-46 (2026).
Text
(a)A presumption of intent to revoke arises if the original of a testator's will cannot be found to probate.
(b)A copy of a will may be offered for probate in accordance with Chapter 5 of this title in lieu of the original will if the original cannot be found to probate, provided that the copy is proved by a preponderance of the evidence to be a true copy of the original will and that the presumption of intent to revoke set forth in subsection (a) of this Code section is rebutted by a preponderance of the evidence.
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Related
Westmoreland v. Tallent
549 S.E.2d 113 (Supreme Court of Georgia, 2001)
Tanksley v. Parker
608 S.E.2d 596 (Supreme Court of Georgia, 2005)
Murchison v. Smith
508 S.E.2d 641 (Supreme Court of Georgia, 1998)
Smith v. Srinivasa
506 S.E.2d 111 (Supreme Court of Georgia, 1998)
Warner v. Reynolds
546 S.E.2d 520 (Supreme Court of Georgia, 2001)
Thomas v. Sands
668 S.E.2d 731 (Supreme Court of Georgia, 2008)
Mosley v. Lancaster
770 S.E.2d 873 (Supreme Court of Georgia, 2015)
Harper v. Harper
635 S.E.2d 711 (Supreme Court of Georgia, 2006)
Mincey v. DECKLE
662 S.E.2d 126 (Supreme Court of Georgia, 2008)
Tudor v. Bradford
709 S.E.2d 235 (Supreme Court of Georgia, 2011)
BRITT v. SANDS Et Al.
754 S.E.2d 58 (Supreme Court of Georgia, 2014)
Johnson v. Fitzgerald
751 S.E.2d 313 (Supreme Court of Georgia, 2013)
Nearby Sections
15
§ 53-1-10
Lifetime transfers§ 53-1-11
Value§ 53-1-12
Manner of taking into account§ 53-1-2
Definitions§ 53-1-3
Dower and tenancy by curtesy§ 53-1-8
Adopted individuals§ 53-10-1
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Bluebook (online)
Georgia § 53-4-46, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/53-4-46.