2022 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 11 - Proceedings in Probate Court
§ 53-11-10. Date by Which Objections Must Be Filed or on Which Hearing Will Be Held

1. Except as otherwise prescribed by law or as shortened by the judge upon good cause shown or directed by the judge pursuant to Code Section 53-11-5 with respect to any particular proceeding, the date on or before which any person is required to file any objection shall be not fewer than 30 days after the date such person is personally served with notice. For a person within the continental United States who is served with notice by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before which any objection is required to be filed by such person shall not be fewer than 30 days from the date of mailing of such service of notice; provided, however, that if a return receipt from any recipient is received by the court within 30 days from such date of mailing of such service of notice, the date on or before which any objection is required to be filed by such recipient shall be 30 days from the date of receipt of such service of notice shown on such return receipt. For a person outside the continental United States who is served with notice by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before which any objection is required to be filed by such person shall not be fewer than 30 days from the date the service of the citation is mailed by the court; provided, however, that if the return receipt from any such recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than 30 days from the date of such recipient’s receipt of such service of notice shown on such return receipt. For a person served with notice by publication, the date on or before which any objection is required to be filed shall be no earlier than the first day of the week following such service by publication of citation once each week for four weeks.
2. Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the probate court may specify. When the matter is set for hearing on a date that was not specified in the citation, the probate court shall serve by first-class mail a notice of the date, time, and place of the hearing to the petitioner and all parties who have filed responses to the petition at the addresses given by them in their pleadings.

History. Code 1981, § 53-11-10 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 32; Ga. L. 2000, p. 1589, § 3; Ga. L. 2020, p. 377, § 1-69/HB 865.

The 2020 amendment, effective January 1, 2021, in subsection (a), in the first sentence, inserted “as shortened by the judge upon good cause shown or”, substituted “person” for “objection”, substituted “file any objection” for “be filed”, substituted “fewer than 30 days” for “less than ten days”, substituted “such” for “the”, and inserted “with notice” at the end, in the second sentence, substituted “a person” for “persons”, substituted “is served with notice” for “are served”, inserted “which” twice, inserted “by such person”, substituted “fewer than 30 days” for “less than 13 days”, inserted “of such service of notice” three times, substituted “30 days from such” for “13 days from the”, and substituted “30” for “ten”; in the third sentence, inserted “with notice”, inserted “which”, inserted “by such person”, substituted “fewer” for “less”, inserted “service of the”, inserted “by the court”, inserted “such”, substituted “30 days” for “ten days”, and substituted “such recipient’s receipt of such service of notice” for “receipt”, and in the last sentence, inserted “with notice”, substituted “earlier” for “sooner”, and substituted “such service by publication of citation” for “publication”; and in subsection (b), in the last sentence, substituted “serve” for “send”, substituted “date, time, and place” for “time”, and substituted “filed responses to the petition” for “served responses”.

Editor’s notes.

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

Law reviews.

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

For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).