§ 53-4-35 - (Pre-1998 Probate Code) Proceedings when petition discloses apprehension as to existence of unknown heirs - Georgia Statutes

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Statutes > Georgia > Title-53 > Chapter-4 > Article-2 > 53-4-35

O.C.G.A. 53-4-35 (2010)
53-4-35. (Pre-1998 Probate Code) Proceedings when petition discloses apprehension as to existence of unknown heirs

(a) If the petition filed as provided in Code Section 53-4-30 discloses an apprehension on the part of the petitioner that there may exist unknown heirs or parties at interest, the process of the superior court or the citation of the probate court, in addition to naming all parties at interest, shall be directed to all and singular any other person or persons whom it may concern; and the process, if the proceeding is pending in the superior court, or the citation, if the proceeding is pending in the probate court, shall be published once a week for four weeks by inserting a copy in the newspaper in which the sheriff's advertisements are published for the county where the petition is filed.

(b) Citation or process issued under this Code section shall be in lieu of other citation or process provided for in this article; but nothing contained in this Code section shall obviate the necessity for service on all known persons as provided in Code Section 53-4-34.

(c) Unknown persons at interest, if any, or persons whose address or residence is unknown, shall be deemed to have been served by publication under this Code section. Failure of such unknown persons to appear shall authorize the finding that there are no unknown heirs.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-4 > Article-2 > 53-4-35

O.C.G.A. 53-4-35 (2010)
53-4-35. (Pre-1998 Probate Code) Proceedings when petition discloses apprehension as to existence of unknown heirs

(a) If the petition filed as provided in Code Section 53-4-30 discloses an apprehension on the part of the petitioner that there may exist unknown heirs or parties at interest, the process of the superior court or the citation of the probate court, in addition to naming all parties at interest, shall be directed to all and singular any other person or persons whom it may concern; and the process, if the proceeding is pending in the superior court, or the citation, if the proceeding is pending in the probate court, shall be published once a week for four weeks by inserting a copy in the newspaper in which the sheriff's advertisements are published for the county where the petition is filed.

(b) Citation or process issued under this Code section shall be in lieu of other citation or process provided for in this article; but nothing contained in this Code section shall obviate the necessity for service on all known persons as provided in Code Section 53-4-34.

(c) Unknown persons at interest, if any, or persons whose address or residence is unknown, shall be deemed to have been served by publication under this Code section. Failure of such unknown persons to appear shall authorize the finding that there are no unknown heirs.

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State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-4 > Article-2 > 53-4-35

O.C.G.A. 53-4-35 (2010)
53-4-35. (Pre-1998 Probate Code) Proceedings when petition discloses apprehension as to existence of unknown heirs

(a) If the petition filed as provided in Code Section 53-4-30 discloses an apprehension on the part of the petitioner that there may exist unknown heirs or parties at interest, the process of the superior court or the citation of the probate court, in addition to naming all parties at interest, shall be directed to all and singular any other person or persons whom it may concern; and the process, if the proceeding is pending in the superior court, or the citation, if the proceeding is pending in the probate court, shall be published once a week for four weeks by inserting a copy in the newspaper in which the sheriff's advertisements are published for the county where the petition is filed.

(b) Citation or process issued under this Code section shall be in lieu of other citation or process provided for in this article; but nothing contained in this Code section shall obviate the necessity for service on all known persons as provided in Code Section 53-4-34.

(c) Unknown persons at interest, if any, or persons whose address or residence is unknown, shall be deemed to have been served by publication under this Code section. Failure of such unknown persons to appear shall authorize the finding that there are no unknown heirs.