(For Effective Date, See note.) Issuance of Citation Upon Filing of Petition; Contents; Meaning; Definitions; Caveat or Objection

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Proceedings in Probate Court
  5. (For Effective Date, See note.) Issuance of Citation Upon Filing of Petition; Contents; Meaning; Definitions; Caveat or Objection

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  1. Upon the filing of a petition, a citation shall be issued by the court and addressed to the persons required to be served with notice or who otherwise are to be served with notice; provided, however, that if all such persons have acknowledged service of notice and assented to the petition, no such citation need issue. Such citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the probate court. Such citation also shall state whether the hearing will take place on a certain date or be specially scheduled for a later date. With respect to all proceedings under this title, any such citation may state that if no objections are filed the petition may be granted without a hearing.
  2. For purposes of this chapter, the words "citation" and "notice" shall have the same meaning unless the context otherwise requires.
  3. Wherever appearing in this title with respect to proceedings in the probate court covered by this chapter:
    1. The term "service of notice," "given notice," "due notice," "notified," and similar words and phrases of the same import shall mean service of petition and citation in a manner provided by applicable law, and shall include acknowledgment or waiver of such service and such service upon a guardian ad litem or other appropriate representative, unless the context otherwise requires;
    2. The term "the official county newspaper," "the newspaper in which sheriff's advertisements are published," "the official newspaper of the county in which the petition is made," "the official newspaper of the county in which the personal representative qualified," and similar words and phrases of the same import shall mean the journal or newspaper qualified or designated as the official legal organ of the county of the probate court having jurisdiction in such proceeding pursuant to Code Section 9-13-142;
    3. The term "published," "publication," "service by publication," "notice shall be published," and similar words and phrases of the same import shall mean publication in the official legal organ described in paragraph (2) of this subsection unless the context otherwise requires;
    4. The term "beneficiary" shall include devisee and legatee unless the context otherwise requires;
    5. Any hearing called for in any proceeding shall be within the court's sound discretion and shall not be required if no caveat or objection is timely filed and thereafter maintained unless the context otherwise requires; and
    6. Any requirement that no caveat or objection be filed:
      1. Shall be satisfied by the dismissal or withdrawal of all caveats or objections so filed unless the context otherwise requires; and
      2. May, in the court's sound discretion, be satisfied by the failure of any party served with notice to file a caveat or objection in a timely manner unless the context otherwise requires.

(Code 1981, §53-11-9, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 31; Ga. L. 1998, p. 1586, § 47; Ga. L. 2020, p. 377, § 1-68/HB 865.)

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).

COMMENT

This section states the general requirement, upon the filing of a petition, a citation shall be issued, addressed to parties who are entitled to notice or service upon the filing of a petition. The citation will require that the objections be made in writing and will give the date by which objections must be filed. In addition, the citation is designed to inform the parties whether a hearing will be held on a date that is named in the citation or on a date to be later specified by the court. For a list of proceedings in which the petition may be granted without a hearing if no objections are filed, see OCGA Sec. 15-9-86.1. The requirements of subsection (b) reflect those of former OCGA Sec. 53-3-14(c).

JUDICIAL DECISIONS

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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 80 Am. Jur. 2d, Wills, § 808 et seq.

C.J.S.

- 95 C.J.S., Wills, §§ 545 et seq., 557.


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