§ 53-6-126 - (Pre-1998 Probate Code) Qualification in state of nonresident or resident subsequently leaving as administrator, executor, or guardian as constituting appointment of judge of probate co - Georgia Statutes

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Statutes > Georgia > Title-53 > Chapter-6 > Article-5 > 53-6-126

O.C.G.A. 53-6-126 (2010)
53-6-126. (Pre-1998 Probate Code) Qualification in state of nonresident or resident subsequently leaving as administrator, executor, or guardian as constituting appointment of judge of probate court for service of process or other proceedings; duties of judge upon whom service has been made; venue of actions

(a) Any person who is not a resident of this state who qualifies in any court in this state as administrator or executor or as guardian of any person or any resident of this state who so qualifies and subsequently removes from this state shall, by virtue of such qualification, be deemed and held to have appointed the judge of the probate court of the county in which he qualified as his attorney for service of all process or proceedings for accounting or removal of any kind or character against him. Service of such actions or citation or proceedings upon the judge of the probate court shall be deemed and held to be service upon the administrator, executor, or guardian.

(b) The judge of the probate court of the county upon whom service has been made as provided in subsection (a) of this Code section shall, immediately upon receipt of service of any process, citation, or proceedings against any administrator, executor, or guardian, mail the same by registered or certified mail to the last known address of the person. He shall receive therefor a fee of $1.00 and shall enter upon the minutes of his court a statement that the process or proceedings has been so made.

(c) Any action of any nature or character whatsoever or any proceedings for removal, settlement, or an accounting upon the part of the administrator, executor, or guardian shall be brought in the county in which the administrator, executor, or guardian qualified in this state.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-6 > Article-5 > 53-6-126

O.C.G.A. 53-6-126 (2010)
53-6-126. (Pre-1998 Probate Code) Qualification in state of nonresident or resident subsequently leaving as administrator, executor, or guardian as constituting appointment of judge of probate court for service of process or other proceedings; duties of judge upon whom service has been made; venue of actions

(a) Any person who is not a resident of this state who qualifies in any court in this state as administrator or executor or as guardian of any person or any resident of this state who so qualifies and subsequently removes from this state shall, by virtue of such qualification, be deemed and held to have appointed the judge of the probate court of the county in which he qualified as his attorney for service of all process or proceedings for accounting or removal of any kind or character against him. Service of such actions or citation or proceedings upon the judge of the probate court shall be deemed and held to be service upon the administrator, executor, or guardian.

(b) The judge of the probate court of the county upon whom service has been made as provided in subsection (a) of this Code section shall, immediately upon receipt of service of any process, citation, or proceedings against any administrator, executor, or guardian, mail the same by registered or certified mail to the last known address of the person. He shall receive therefor a fee of $1.00 and shall enter upon the minutes of his court a statement that the process or proceedings has been so made.

(c) Any action of any nature or character whatsoever or any proceedings for removal, settlement, or an accounting upon the part of the administrator, executor, or guardian shall be brought in the county in which the administrator, executor, or guardian qualified in this state.

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State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-6 > Article-5 > 53-6-126

O.C.G.A. 53-6-126 (2010)
53-6-126. (Pre-1998 Probate Code) Qualification in state of nonresident or resident subsequently leaving as administrator, executor, or guardian as constituting appointment of judge of probate court for service of process or other proceedings; duties of judge upon whom service has been made; venue of actions

(a) Any person who is not a resident of this state who qualifies in any court in this state as administrator or executor or as guardian of any person or any resident of this state who so qualifies and subsequently removes from this state shall, by virtue of such qualification, be deemed and held to have appointed the judge of the probate court of the county in which he qualified as his attorney for service of all process or proceedings for accounting or removal of any kind or character against him. Service of such actions or citation or proceedings upon the judge of the probate court shall be deemed and held to be service upon the administrator, executor, or guardian.

(b) The judge of the probate court of the county upon whom service has been made as provided in subsection (a) of this Code section shall, immediately upon receipt of service of any process, citation, or proceedings against any administrator, executor, or guardian, mail the same by registered or certified mail to the last known address of the person. He shall receive therefor a fee of $1.00 and shall enter upon the minutes of his court a statement that the process or proceedings has been so made.

(c) Any action of any nature or character whatsoever or any proceedings for removal, settlement, or an accounting upon the part of the administrator, executor, or guardian shall be brought in the county in which the administrator, executor, or guardian qualified in this state.