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2023 CODE OF GEORGIA
Title 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES (§§ 53-1-1 — 53-17-12)
Chapter 11 - PROCEEDINGS IN PROBATE COURT (§§ 53-11-1 — 53-11-11)
Section 53-11-10 - Date by which objections must be filed or on which hearing will be held
Universal Citation:
GA Code § 53-11-10 (2023)
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- (a) 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.
- (b) 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.
Amended by 2020 Ga. Laws 508,§ 1-69, eff. 1/1/2021.
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