2010 Georgia Code
TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
CHAPTER 8 - INVESTMENTS, SALES, AND CONVEYANCES
ARTICLE 2 - SALES AND CONVEYANCES
PART 1 - GENERAL PROVISIONS
§ 53-8-40 - (Pre-1998 Probate Code) Private conveyance of rights of way and easements to certain persons and entities -- Petition for approval; oath; appointment of guardian ad litem; service and notice

O.C.G.A. 53-8-40 (2010)
53-8-40. (Pre-1998 Probate Code) Private conveyance of rights of way and easements to certain persons and entities -- Petition for approval; oath; appointment of guardian ad litem; service and notice


To obtain the approval of the judge of the probate court required by Code Section 53-8-39 the administrator, executor, or other trustee shall make application in writing, under oath, to the judge, setting forth the purpose or purposes of the proposed conveyance; the names of the heirs at law, devisees, or beneficiaries and, if minors, their ages; and a description of the easement to be conveyed. Thereupon, the judge shall set a date for hearing on the application and appoint a guardian ad litem to represent those of the heirs at law, devisees, or beneficiaries who are under disability or are unknown. The guardian ad litem shall accept the appointment in writing. Service shall be made by publishing notice of the date and purpose of the hearing once in the newspaper in which sheriff's sales for the county are advertised and by posting a copy of the notice at the courthouse not less than ten days prior to the date set for the hearing.