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2018 Georgia Code 15-9-86 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-9-86 Case Law from Google Scholar Amendments to OCGA 15-9-86

TITLE 15 COURTS

Section 9. Probate Courts, 15-9-1 through 15-9-158.

ARTICLE 4 TIME, PLACE, AND PROCEDURE

15-9-86. Verified petitions; notice and service thereof.

Every application made to the judge of the probate court for the granting of any order shall be by verified petition in writing, stating the ground of such application and the order sought. Unless otherwise provided by law, if notice of the application, other than by published citation, is necessary under the law or in the judgment of the judge of the probate court, the judge shall cause a copy of the application, together with a notice of the time of hearing, to be served by the sheriff or some lawful officer upon each party who resides in this state and to be mailed by registered or certified mail or statutory overnight delivery to each party who resides outside this state at a known address, at least ten days, plus three days if mailed, before the hearing. An entry of such service shall be made on the original. In extraordinary cases, where it is necessary to act before such notice can be given, the judge of the probate court shall so direct the proceedings as to make no final order until notice has been given.

(Ga. L. 1859, p. 33, §§ 1, 2; Code 1863, § 4014; Code 1868, § 4043; Code 1873, § 4114; Code 1882, § 4114; Civil Code 1895, § 4254; Civil Code 1910, § 4812; Code 1933, § 24-2105; Ga. L. 1998, p. 1586, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2018, p. 356, § 1-30/SB 436.)

The 2018 amendment, effective July 1, 2018, inserted "verified" in the middle of the first sentence of this Code section.

Cross references.

- Pleadings and motions under Georgia Civil Practice Act, § 9-11-7 et seq.

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

Court of ordinary (now probate court) is court of record, and pleadings therein must be in writing. Robertson v. Robertson, 90 Ga. App. 576, 83 S.E.2d 619 (1954).

Requirements for application for administration.

- Application for administration must be made to the ordinary (now probate judge) where the deceased person was domiciled. The application must be in writing, and show reasons which would entitle the applicant to administration. Burkhalter v. Waters, 28 Ga. App. 296, 111 S.E. 73 (1922).

Application for nunc pro tunc entry of order should show petition and service on which the application was granted. Farmer v. Rogers, 85 Ga. 290, 11 S.E. 615 (1890).

Cited in Campbell v. Atlanta Coach Co., 58 Ga. App. 824, 200 S.E. 203 (1938); Tucker v. American Sur. Co., 191 F.2d 959 (5th Cir. 1951); Walker v. Smith, 130 Ga. App. 16, 202 S.E.2d 469 (1973).

OPINIONS OF THE ATTORNEY GENERAL

Conduct and recordation of incompetency matters in probate court.

- Proceedings in incompetency matters (see now O.C.G.A. § 29-5-1 et seq.) in the probate court should be handled in observance with the provisions of former Code 1933, §§ 24-2105 and 24-2109 (see now O.C.G.A. §§ 15-9-40 and15-9-86) including that the proceedings be recorded in a book to be kept for that purpose. 1960-61 Op. Att'y Gen. p. 93.

Cases Citing O.C.G.A. § 15-9-86

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Simmons v. Harms, 695 S.E.2d 38 (Ga. 2010).

Cited 5 times | Published | Supreme Court of Georgia | May 17, 2010 | 287 Ga. 176, 2010 Fulton County D. Rep. 1618

...Appellant Stockton filed a purported revocation of her consent to probate on July 21, a verified caveat that included a demand for jury trial on July 25, and a motion to open default on August 13, made necessary by her July 25 caveat not being filed within ten days of the petition for probate. See OCGA § 15-9-86....
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Higginbotham v. Rice, 271 Ga. 262 (Ga. 1999).

Cited 3 times | Published | Supreme Court of Georgia | Jun 7, 1999 | 517 S.E.2d 784, 99 Fulton County D. Rep. 2147

...tion failed to inform Rice that November 3 was the deadline for filing a caveat. This Court granted certiorari to determine whether the Court of Appeals correctly determined that the citation in this case failed to comply with the provisions of OCGA § 15-9-86.1. OCGA § 15-9-86.1 provides that any person who is not to be served personally with a citation in a proceeding for probate in solemn form must file a response “on or prior to a date certain, which shall be a date for which hearing could be set according...
...Thus, the citation gave Rice sufficient notice that November 3 was the deadline for appearing in probate court or filing a written objection. Because the citation stated a “date certain” for filing a written response, it complied with the provisions of OCGA §§ 15-9-86.1 and 53-3-14. Although the November 3 hearing was continued after other persons interested in the estate filed a timely caveat, this continuance did not extend the time for Rice or any other heir to file a caveat. Because Rice did not file her caveat by November 3, the probate court correctly dismissed her objections as untimely. Judgment reversed. All the Justices concur. Rice v. Higginbotham, 235 Ga. App. 378 (508 SE2d 736) (1998). OCGA § 15-9-86.1 (b) (1). Former OCGA § 53-3-14 (c). Former OCGA § 53-3-14 (d).
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Simon v. Bunch, 260 Ga. 201 (Ga. 1990).

Cited 2 times | Published | Supreme Court of Georgia | May 24, 1990 | 391 S.E.2d 648

...After conducting a hearing on the petition, the probate court deemed it necessary to construe the will and concluded that the will failed to create a trust and that, even if it did create a trust, the trust was executed. Accordingly, it denied appellant’s petition for accounting and distribution. 1. Citing OCGA § 15-9-86.1 (a), appellant contends that appellee’s failure to file responsive pleadings to the petition in the. probate court entitled appellant, as a matter of right, to an order granting the petition. However, OCGA § 15-9-86.1 is not applicable in the case at bar for two reasons: 1) a petition for accounting and distribution by an executor who has not been removed is not a proceeding listed in OCGA § 15-9-86.1 (e); and 2) the notice of the petition for accounting and distribution served upon appellee with a notice of the time of the hearing did not state that the party served must respond or the peti*202tion would be granted (OCGA § 15-9-86.1 (a)). Decided May 24, 1990. Simon & Booth, William M....