State Codes and Statutes
Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-14O.C.G.A. 53-3-14 (2010)
53-3-14. (Pre-1998 Probate Code) Probate in solemn form -- Notice of petition for probate; personal service; service by publication; appointment of guardian ad litem for certain persons; acknowledgment of service; service by registered or certified mail
(a) Service of a notice of petition for probate in solemn form shall be personal if the party resides in this state and is known and shall be served at least ten days before the probate is to be made, except that, if waived in writing, the ten-day provision shall not apply.
(b) When a party to be served is unknown, or when a known party resides outside this state either voluntarily or involuntarily under circumstances which make it difficult to determine if the person is a legal resident of this state or of some other state, or when the place of residence of a party is unknown, upon the fact being made to appear, the court shall order service to be perfected by publication in the newspaper in which sheriff's advertisements are published in the county in which the application for probate in solemn form is made. The notice shall be published once a week for four weeks; provided, however, that publication need not be made if service is acknowledged by the nonresident party or the party whose legal residence is in doubt. The records of the court shall show the persons notified and the character of the notice given.
(c) The published notice provided for in subsection (b) of this Code section shall contain a caption setting forth the court, the time the order for service by publication was granted, the name of the decedent, the fact that a petition has been filed seeking the probate of the will of the decedent in solemn form, and the name of the applicant who seeks letters testamentary or the continuance in force of letters testamentary previously granted, if any. The published notice shall be directed and addressed to the party to be served, if known, and to known parties residing outside the state either voluntarily or involuntarily under circumstances which make it difficult to determine if the persons are legal residents of this state or of some other state, and to parties whose place of residence may be unknown, and if all parties are not known then and in that event to all and singular the heirs at law of the decedent. The notice shall command all parties to whom it is directed to be and appear before the court at the time specified, to then and there show cause, if there is any, why the probate in solemn form of the will should not be had. The notice shall bear teste in the name of the judge and shall be signed by the clerk of the probate court, if there is one other than the judge, and if not, then by the judge as clerk of the court, and shall have thereon the seal of the court.
(d) Where the residence or abiding place of a nonresident to be notified is known or if a known party resides outside the state either voluntarily or involuntarily under circumstances which make it difficult to determine if the person is a legal resident of this state or of some other state, the petitioner shall file in the court a copy of the notice which is to be published, and, thereupon, it shall be the duty of the clerk of the probate court, if there is one other than the judge, and if not, then the duty of the judge as clerk of the court, within three days after the first publication of the notice in the newspaper, to direct, stamp, and mail a copy or duplicate of the notice contained in the newspaper or a statement reproducing the entire contents of the notice contained in the newspaper to the party to be notified.
(e) When service by publication is ordered pursuant to this Code section in the matter of probate of a will in solemn form, compliance with the provisions of this Code section relating to a party to be notified who is unknown or who is known but whose residence is unknown, or who resides outside the state, or who resides outside the state either voluntarily or involuntarily under circumstances which make it difficult to determine if the person is a legal resident of this state or of some other state shall be equivalent to personal service of a copy of the petition, citation, and order for publication when that fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show publication notice directed to all and singular the heirs at law of the decedent and compliance with this Code section. In the case of a nonresident person known, or a known person whose residence is unknown, or a known person residing outside the state either voluntarily or involuntarily under circumstances which make it difficult to determine if such person is a legal resident of this state or of some other state, his name shall appear in the records of the court, and such records shall show as to him compliance with this Code section. In any case in which notice by publication is granted, one order for publication shall be sufficient and the notice to be published shall be directed as provided in subsection (c) of this Code section.
(f) Minors, insane persons, deaf and mute persons, when incapable of managing their estates, habitual drunkards, and persons who are incompetent due to senility, old age, or other cause and incapable of managing their estates shall be served as provided elsewhere in this Code section. After such service, the probate court shall appoint a guardian ad litem for any such person who does not have a guardian qualified under the laws of this state. The guardian ad litem shall be responsible to such person for his conduct in connection with the probate of the will in solemn form in the same manner as if he were a regularly qualified guardian. A copy of the petition for probate in solemn form, citation, and order for citation shall be served upon the guardian or guardian ad litem.
(g) A person in military service, regardless of age, shall be permitted to acknowledge service. If service is not acknowledged, a certificate of service by delivery to such person, wherever located, by a commissioned or commanding officer, shall be a good service.
(h) Incompetent persons who are residents of this state but are confined in another state may be served by service on a guardian ad litem appointed in this state and by the delivery of a copy to the incompetent person by a member of the staff of the institution in which the incompetent person is confined, who shall make a certificate of the delivery.
(i) Where personal service is required by this Code section, unless otherwise directed by the probate court, notice of petition for probate in solemn form may be served instead by registered or certified mail if the petitioner so requests in the petition. The judge of the probate court or the judge's clerk shall cause a copy of the petition and citation to be sent by registered or certified mail to the heirs at law of the testator for whom addresses are set forth in the petition and to any guardian ad litem appointed to represent any such heirs. Service by registered or certified mail pursuant to this subsection shall be made with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by that addressee and received by the court at least ten days before probate is to be made, service shall be made as otherwise required by this Code section.
