Service Upon Current Residence Addresses; Service by Publication

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Court Proceedings
  5. Service Upon Current Residence Addresses; Service by Publication

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  1. Except as otherwise provided by law or directed by the probate judge pursuant to Code Section 29-9-6, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state or whose current address is unknown.
  2. Unless all persons have known current residence addresses, the court shall order service to be perfected by publication of the citation in the newspaper in which the sheriff's advertisements are published in the county in which the petition is filed. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons notified and the character of the notice given. The published citation shall be directed to the person to be served.
  3. If the current residence address of a person is known, service shall be made by mailing by first-class mail a copy of the petition and the citation.
  4. When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of a known person whose current residence address is unknown, that person's name shall appear in the records of the court, and the records shall show service by publication as to that person in compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section.

(Code 1981, §29-9-5, enacted by Ga. L. 2004, p. 161, § 1.)


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