State Codes and Statutes
Statutes > Georgia > Title-53 > Chapter-5 > 53-5-8O.C.G.A. 53-5-8 (2010)
53-5-8. (Pre-1998 Probate Code) Copy of application for year's support for county tax commissioner; citation and notice to show cause; necessaries pending appeal
(a) A copy of the application filed with the judge of the probate court shall be mailed by the judge within five days to the tax commissioner or tax collector of any county in which property proposed to be set apart is located, if the property is in a county other than the county where the application for a year's support has been filed. Where any real property is included in the property proposed to be set apart and assigned as a year's support, the application for year's support shall fully and accurately describe the real property.
(b) Upon the filing of the application, the judge shall issue citation and publish notice as required in the appointment of permanent administrators, citing all persons concerned to show cause why the application for a year's support should not be granted. If no objection is made after the publication of the notice for four weeks or, if made, is disallowed, the judge shall enter an order setting aside as year's support the property or money or both applied for, as set out in the application. If there is objection to the amount of money or the nature of property or both proposed to be set aside as year's support, the judge of the probate court shall determine the money or property or both to be set aside according to the standards set out in Code Section 53-5-2. If an appeal is taken, pending the appeal the family shall be furnished with necessaries by the representative of the estate.
(c) (1) If there is a representative of the decedent's estate, then in addition to the requirements of subsection (b) of this Code section, the judge of the probate court or his clerk shall cause a copy of the citation to be sent by mail to the representative of the decedent's estate. The copy of the citation shall be sent not less than 21 days prior to the date and time shown in the citation.
(2) If there is no representative of the decedent's estate, then, in addition to the requirements of subsection (b) of this Code section, the applicant or the attorney for the applicant shall file with the probate court an affidavit, upon oath, showing the name, last known address, if known, and age (if less than age 18) of each interested person and stating that the applicant or the attorney for the applicant has listed all interested persons known to him and that he has made reasonable inquiry to ascertain the names, last known addresses, and ages of all interested persons. The judge of the probate court or his clerk shall cause a copy of the citation to be sent by mail to each interested person shown on the affidavit. The copy of the citation shall be sent not less than 21 days prior to the date and time shown in the citation. If any of the interested persons are minors or have been adjudicated incompetent, guardians ad litem shall be appointed by the court or the year's support proceedings shall not be conclusive as to them. The term "interested person," as used in this paragraph, shall be deemed to refer to the following: the decedent's heirs, devisees, children, spouse, creditors, beneficiaries, and any others having a property right in or claim against the estate of a decedent which may be affected by the year's support proceeding.
(3) If the sole representative of the decedent's estate and the applicant or the guardian of the applicant are the same person, then paragraph (2) of this subsection, referring to an unrepresented estate, shall govern as if the decedent's estate had no representative.
