On the motion of any party in interest or on its own motion, the probate court may direct any additional service of citation or other notice or extend the time to respond with respect to any proceedings covered by this chapter as the judge may determine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard.
(Code 1981, §53-11-5, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 29; Ga. L. 2020, p. 377, § 1-66/HB 865.)
Law reviews.- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006).
COMMENTThis section gives the probate judge discretion to require such additional service in the interests of due process.
JUDICIAL DECISIONS
Discretion to extend time for responses or objections to will.
- Before a will was probated, O.C.G.A. §§ 53-11-5 and53-11-10(a) provided a probate court with discretion to extend the time for the filing of responses or objections to the will in order to preserve the interests of justice; the probate court properly extended the time for the decedent's widow to object or raise a claim under O.C.G.A. § 53-4-48 and to assert the statutory right to an intestate share after the initial acknowledgment and assent to the petition to probate the will which did not name the intestate as a beneficiary. English v. Ricart, 280 Ga. 215, 626 S.E.2d 475 (2006).
Notice of amendment to year's support.
- In a probate matter, the trial court erred by dismissing an executor's objection to the setting aside of certain real property as a year's support in favor of an estate as the executor had filed an objection within 15 days of the default order amending the year's support order, pursuant to O.C.G.A. § 9-11-55(a), and by paying costs. The provisions of § 9-11-55(a) relating to the opening of default judgments as a matter of right within 15 days of default applied to a year's support proceedings in probate court. In re Estate of Ehlers, 289 Ga. App. 14, 656 S.E.2d 169 (2007).