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Publication Date

2021

Abstract

In Georgia, real property passes through an intestate estate
in the form of heirs property. Under this system, heirs share
ownership of the property as tenants in common. This form of
ownership poses several obstacles to realizing the land’s full
potential and, in certain circumstances, courts will partition
the property in forced sales or will physically divide the
property among the heirs. Heirs property and its accompanying
problems are particularly common in Georgia due to strict
policies concerning will execution formalities. Georgia and the
U.S. Congress have attempted to cure the problems associated
with heirs property through the adoption of the Uniform
Partition of Heirs Property Act and the Farm Bill of 2018.
However, these remedies, while an admirable step toward
addressing heirs property issues, fail to correct all of the
problems associated with heirs property. This Note proposes
several mitigating solutions for these problems and also
suggests that Georgia facilitate the execution of wills to prevent
heirs property from arising in the first place.

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