Every application made to the judge of the probate court for the granting of any order shall be by verified petition in writing, stating the ground of such application and the order sought. Unless otherwise provided by law, if service of notice of such petition, other than by citation published in the official newspaper of the county in which the petition is made, is necessary under the law or in the judgment of the judge of the probate court on the motion of any party in interest or on the court's own motion, the judge shall cause a copy of the petition, together with a citation to show cause, if any, why the petition should not be granted and notice of the date, time, and place for filing any objections or for holding a final hearing, to be served by the sheriff or some lawful officer upon each party who resides in this state and to be served by the probate court mailing by registered or certified mail or statutory overnight delivery, return receipt requested, to each party who resides outside this state at a known address, at least 30 days before any objection is required to be filed by such party or before a final hearing is held. An entry of such service of notice shall be made on the original. In extraordinary cases, where it is necessary to act before such service of notice can be given, the judge of the probate court shall so direct the proceedings as to make no final order until service of notice has been given.
(Ga. L. 1859, p. 33, §§ 1, 2; Code 1863, § 4014; Code 1868, § 4043; Code 1873, § 4114; Code 1882, § 4114; Civil Code 1895, § 4254; Civil Code 1910, § 4812; Code 1933, § 24-2105; Ga. L. 1998, p. 1586, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2018, p. 356, § 1-30/SB 436; Ga. L. 2020, p. 377, § 2-18/HB 865.)
Cross references.- Pleadings and motions under Georgia Civil Practice Act, § 9-11-7 et seq.
Editor's notes.- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
For application of this statute in 2020, see Executive Order 04.09.20.01.
A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.
JUDICIAL DECISIONS
Court of ordinary (now probate court) is court of record, and pleadings therein must be in writing. Robertson v. Robertson, 90 Ga. App. 576, 83 S.E.2d 619 (1954).
Requirements for application for administration.
- Application for administration must be made to the ordinary (now probate judge) where the deceased person was domiciled. The application must be in writing, and show reasons which would entitle the applicant to administration. Burkhalter v. Waters, 28 Ga. App. 296, 111 S.E. 73 (1922).
Application for nunc pro tunc entry of order should show petition and service on which the application was granted. Farmer v. Rogers, 85 Ga. 290, 11 S.E. 615 (1890).
Cited in Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938); Tucker v. American Sur. Co., 191 F.2d 959 (5th Cir. 1951); Walker v. Smith, 130 Ga. App. 16, 202 S.E.2d 469 (1973).
OPINIONS OF THE ATTORNEY GENERAL
Conduct and recordation of incompetency matters in probate court.
- Proceedings in incompetency matters (see now O.C.G.A. § 29-5-1 et seq.) in the probate court should be handled in observance with the provisions of former Code 1933, §§ 24-2105 and 24-2109 (see now O.C.G.A. §§ 15-9-40 and15-9-86) including that the proceedings be recorded in a book to be kept for that purpose. 1960-61 Op. Att'y Gen. p. 93.