§ 53-4-34 - (Pre-1998 Probate Code) Issuance of summons upon filing of petition in probate court; manner of service; appointment of guardian ad litem; hearing; judgment of probate court - Georgia Statutes

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-4 > Article-2 > 53-4-34

O.C.G.A. 53-4-34 (2010)
53-4-34. (Pre-1998 Probate Code) Issuance of summons upon filing of petition in probate court; manner of service; appointment of guardian ad litem; hearing; judgment of probate court

(a) Upon the filing of a petition in the probate court seeking a determination under Code Section 53-4-30, a citation shall be issued calling upon all parties at interest to show cause on a day certain, not less than 30 days thereafter, why the court should not proceed to an adjudication of the issues set forth in the petition. Residents of this state shall be served with a copy of the petition and citation. All others shall be served by publishing once a week for four weeks a copy of the citation in the newspaper in which sheriff's sales are advertised for the county where the petition is filed; and a copy of the newspaper containing the insertion or a copy of the petition and citation shall be mailed to each nonresident party by registered or certified mail at least 15 days prior to the time set for the hearing.

(b) After service is effected as provided in subsection (a) of this Code section, the court shall appoint a guardian ad litem for minors and those under disabilities.

(c) On the day appointed, the court shall have a hearing and proceed to a determination of all issues involved. The judgment shall be a finding as to who are the heirs at law or distributees entitled to participate in the division of the estate and in what shares or quantity of interest each is entitled to participate.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-4 > Article-2 > 53-4-34

O.C.G.A. 53-4-34 (2010)
53-4-34. (Pre-1998 Probate Code) Issuance of summons upon filing of petition in probate court; manner of service; appointment of guardian ad litem; hearing; judgment of probate court

(a) Upon the filing of a petition in the probate court seeking a determination under Code Section 53-4-30, a citation shall be issued calling upon all parties at interest to show cause on a day certain, not less than 30 days thereafter, why the court should not proceed to an adjudication of the issues set forth in the petition. Residents of this state shall be served with a copy of the petition and citation. All others shall be served by publishing once a week for four weeks a copy of the citation in the newspaper in which sheriff's sales are advertised for the county where the petition is filed; and a copy of the newspaper containing the insertion or a copy of the petition and citation shall be mailed to each nonresident party by registered or certified mail at least 15 days prior to the time set for the hearing.

(b) After service is effected as provided in subsection (a) of this Code section, the court shall appoint a guardian ad litem for minors and those under disabilities.

(c) On the day appointed, the court shall have a hearing and proceed to a determination of all issues involved. The judgment shall be a finding as to who are the heirs at law or distributees entitled to participate in the division of the estate and in what shares or quantity of interest each is entitled to participate.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-4 > Article-2 > 53-4-34

O.C.G.A. 53-4-34 (2010)
53-4-34. (Pre-1998 Probate Code) Issuance of summons upon filing of petition in probate court; manner of service; appointment of guardian ad litem; hearing; judgment of probate court

(a) Upon the filing of a petition in the probate court seeking a determination under Code Section 53-4-30, a citation shall be issued calling upon all parties at interest to show cause on a day certain, not less than 30 days thereafter, why the court should not proceed to an adjudication of the issues set forth in the petition. Residents of this state shall be served with a copy of the petition and citation. All others shall be served by publishing once a week for four weeks a copy of the citation in the newspaper in which sheriff's sales are advertised for the county where the petition is filed; and a copy of the newspaper containing the insertion or a copy of the petition and citation shall be mailed to each nonresident party by registered or certified mail at least 15 days prior to the time set for the hearing.

(b) After service is effected as provided in subsection (a) of this Code section, the court shall appoint a guardian ad litem for minors and those under disabilities.

(c) On the day appointed, the court shall have a hearing and proceed to a determination of all issues involved. The judgment shall be a finding as to who are the heirs at law or distributees entitled to participate in the division of the estate and in what shares or quantity of interest each is entitled to participate.