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 53-11-4 - Service of notice where person or residence unknown, or resides outside state

Universal Citation:
GA Code § 53-11-4 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

  • (a) Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section 53-11-5, the provisions of this Code section shall apply in cases when a person to be served with notice of a proceeding covered by this chapter has a known current residence address outside this state, or whose current residence address is unknown.
  • (b) Unless all such persons have known current residence addresses, the probate court shall order service of notice to be perfected by publication of the citation in the newspaper in which sheriff's advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons served with notice and the character of such service of notice. The published citation shall be directed to the person to be served with such notice.
  • (c) If the current residence address of such a person is known, the court shall cause service of notice to be made by mailing by certified or registered mail or statutory overnight delivery, return receipt requested, a copy of the petition and the citation.
  • (d) When service of notice by publication is ordered by the court pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be served with notice who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons served with notice and the character of such service of notice. In the case of a known person whose current residence address is unknown, that person's name shall appear in the records of the court, and such records shall confirm compliance with this Code section as to that person. In any case in which service of notice by publication is granted by the court, one order for service of notice by publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section.

Amended by 2020 Ga. Laws 508,§ 1-65, eff. 1/1/2021.

Amended by 2002 Ga. Laws 968,§ 6, eff. 7/1/2002.


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