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2018 Georgia Code 53-11-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-11-5 Case Law from Google Scholar Amendments to OCGA 53-11-5

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 11. Proceedings in Probate Court, 53-11-1 through 53-11-11.

ARTICLE 3 NONDOMICILIARIES

53-11-5. Additional service or notice.

The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this chapter as the judge may determine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard.

(Code 1981, §53-11-5, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 29.)

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997). For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006).

COMMENT

This section gives the probate judge discretion to require such additional service in the interests of due process.

JUDICIAL DECISIONS

Discretion to extend time for responses or objections to will.

- Before a will was probated, O.C.G.A. §§ 53-11-5 and53-11-10(a) provided a probate court with discretion to extend the time for the filing of responses or objections to the will in order to preserve the interests of justice; the probate court properly extended the time for the decedent's widow to object or raise a claim under O.C.G.A. § 53-4-48 and to assert the statutory right to an intestate share after the initial acknowledgment and assent to the petition to probate the will which did not name the intestate as a beneficiary. English v. Ricart, 280 Ga. 215, 626 S.E.2d 475 (2006).

Notice of amendment to year's support.

- In a probate matter, the trial court erred by dismissing an executor's objection to the setting aside of certain real property as a year's support in favor of an estate as the executor had filed an objection within 15 days of the default order amending the year's support order, pursuant to O.C.G.A. § 9-11-55(a), and by paying costs. The provisions of § 9-11-55(a) relating to the opening of default judgments as a matter of right within 15 days of default applied to a year's support proceedings in probate court. In re Estate of Ehlers, 289 Ga. App. 14, 656 S.E.2d 169 (2007).

Cases Citing O.C.G.A. § 53-11-5

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Fiumefreddo v. Scudder, 313 S.E.2d 683 (Ga. 1984).

Cited 15 times | Published | Supreme Court of Georgia | Mar 14, 1984 | 252 Ga. 279

...n additional reason. She apparently contends that Scudder, by stating in his will that he wished his children not to inherit and that he intended to provide for Odum to the exclusion of all others, expressed the intention, within the meaning of OCGA § 53-11-5 (Code Ann....
...e been admitted to probate. This argument is without merit, as Scudder's will, as noted in Division 1, supra, evidences only a single testamentary scheme to provide for Joseph Odum, and is completely silent as to any presumption of survivorship, see § 53-11-5 (Code Ann....
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English v. Ricart, 280 Ga. 215 (Ga. 2006).

Cited 1 times | Published | Supreme Court of Georgia | Feb 13, 2006 | 626 S.E.2d 475, 2006 Fulton County D. Rep. 450

...informing Ricart that any objection to the will would have to be filed within ten days of service of the petition. The nature of the probate court’s discretion regarding the timing of responses to petitions to probate, however, is statutory. OCGA § 53-11-5 provides, in relevant part: “The probate judge may ....
...e may determine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard.” OCGA § 53-11-10 (a) further states: “Except as otherwise prescribed by law 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 objection is required to be filed shall be not less than ten days after the date the person is personally served.” Prior to the time that the will has been...