2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 11 - Proceedings in Probate Court
§ 53-11-6. Waiver or Acknowledgment of Service of Citation or Other Notice; Consent to Granting of Relief or Entry of Order
- Service of citation or other notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment shall be in a writing signed by the person to be served with notice or some person authorized by the person to be served with such notice, shall be sworn to or affirmed before the probate court or a notary public, and shall be filed with the probate court.
- Except as otherwise prescribed by law, the written consent of a party to the granting of any relief or the entry of any order sought in a proceeding covered by this chapter, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of service of notice of the proceedings, waiver of any other or further citation or service of notice, entry of appearance, answer admitting all allegations of fact set forth in the petition as true and correct, and consent to the granting of the relief or the order sought.
- A person in military service, regardless of age, shall be permitted to make any waiver, acknowledgment, or consent described in this Code section.
(Code 1981, §53-11-6, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 30; Ga. L. 1998, p. 1586, § 46; Ga. L. 2020, p. 377, § 1-67/HB 865.)
The 2020 amendment, effective January 1, 2021, in subsection (a), in the first sentence, substituted "Service of citation or other notice" for "Service or notice", in the second sentence, inserted "with notice" and inserted "with such notice"; and, in subsection (b), inserted "covered by this chapter,", substituted "service of notice of" for "notice and service of", and substituted "any other or further citation or service of notice" for "citation".
Law reviews.- For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986). For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
