Power to Cite Absconding Fiduciaries; Publication of Order; Communication With Appointing Court in Another State

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  6. Power to Cite Absconding Fiduciaries; Publication of Order; Communication With Appointing Court in Another State

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  1. Where any guardian, conservator, personal representative, surety on their bonds, or other person removes himself or herself beyond the limits of this state or absconds or conceals himself or herself, the judge of the probate court shall have the power to cite such guardian, conservator, personal representative, surety, or other person to appear before the judge relative to the performance of his or her duties or any other matter related to the probate court pertaining to such person. Service may be had upon the guardian, conservator, personal representative, surety, or other person by publication in the manner prescribed in subsection (b) of this Code section.
  2. The judge of the probate court shall cause to be published the judge's order calling upon a person described in subsection (a) of this Code section to appear, in the newspaper of the county in which sheriff's advertisements are published, once a week for four weeks immediately preceding the court day on which the person is cited to appear. The published order shall be directed to the guardian, conservator, personal representative, surety, or other person, shall set the date and time on which the matter in question will be heard, shall indicate all matters to be passed upon at such time, and shall be signed by the judge of the probate court in the judge's official capacity. Where the address of the guardian, conservator, personal representative, surety, or other person is known, a copy of the order, as published, shall be mailed to the party named in the order. The judge of the probate court shall make an entry of his or her actions upon the minutes of the court.
  3. With respect to a guardianship order or conservatorship order from another state that has been registered with and recorded by the probate court under Article 4 of Chapter 11 of Title 29, in addition to any action such court may take under subsection (a) of this Code section or under subsection (b) of Code Section 29-11-32, the judge of the probate court may communicate with the appointing court in such other state under subsection (a) of Code Section 29-11-4 to inform such appointing court of the citation to appear issued by such judge under subsection (a) of this Code section, stating the reasons therefor.

(Code 1933, § 24-2115, enacted by Ga. L. 1955, p. 353, § 1; Ga. L. 2008, p. 715, § 2/SB 508; Ga. L. 2019, p. 693, § 39/HB 70.)

The 2019 amendment, effective January 1, 2020, added subsection (c).


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