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Call Now: 904-383-7448When the schedule has been filed and the application has been made, the judge of the probate court, in order that all persons may know when action will be taken on the petition, shall publish in the newspaper in which the legal advertisements of the county are published, not more than twice, a notice as follows:
"A.B. has applied for exemption of personalty, and setting apart and valuation of realty exempt from levy and sale under Article 1 of Chapter 13 of Title 44 of the Official Code of Georgia Annotated, and I will pass upon the same at ____ M., on the ____ day of ________________________, ________, at my office. C.D., Judge of the Probate Court."
(Ga. L. 1868, p. 27, § 3; Ga. L. 1871-72, p. 53, § 1; Code 1873, § 2006; Code 1882, § 2006; Civil Code 1895, § 2831; Civil Code 1910, § 3381; Code 1933, § 51-301; Code 1981, §44-13-8; Code 1981, §44-13-7, as redesignated by Ga. L. 1983, p. 1170, § 2; Ga. L. 1999, p. 81, § 44.)
- Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-8 as this Code section. The 1983 Act also redesignated former Code Section 44-13-7, relating to duty to provide full schedule of property, as present Code Section 44-13-6.
- The presumption is that the ordinary (now probate judge) has done all that is required by law before granting a homestead, and this presumption extends to the giving of notice of the application, where nothing appears to show absence thereof. Groover, Stubbs & Co. v. Brown, 69 Ga. 60 (1882).
- O.C.G.A. §§ 44-13-4(b) and44-13-7 deal with constitutional exemptions from the levy and sale of property, and these statutory provisions simply do not apply in the context of federal bankruptcy cases. Caruthers v. Fleet Fin., Inc., 87 Bankr. 723 (Bankr. N.D. Ga. 1988).
- The requirement as to notice is intended for the benefit of the creditors of the person out of whose estate the homestead is to be set apart, and a defect in the advertisement would not avail one for whose benefit the publication was not made. Gann v. McGee, 19 Ga. App. 13, 90 S.E. 976 (1916).
- The mere presence of an attorney when the ordinary (now probate judge) acted upon and approved an application, was no waiver of notice or of legal publication as to client. Smith v. Lord & Dixon, 60 Ga. 462 (1878).
- Where there is a misnomer in the printed notice, a judgment granting a homestead is of no force as against a creditor. Smith v. Lord & Dixon, 60 Ga. 462 (1878); Gann v. McGee, 19 Ga. App. 13, 90 S.E. 976 (1916).
Proceeding under O.C.G.A. § 44-13-16. - A bankrupt debtor in perfecting an exemption of money, set aside to the debtor in a bankruptcy proceeding, in a proceeding before the ordinary (now probate judge) of the county of residence under the provisions of O.C.G.A. § 44-13-16 must comply with O.C.G.A. §§ 44-13-4 and44-13-7 through44-13-9 relating to the schedule to be attached to the application, the notice to be published by the ordinary (now probate judge), and the notice to be given creditors by the applicant or the applicant's agent. Lou Hill Co. v. Bjoralt, 103 Ga. App. 564, 120 S.E.2d 39 (1961).
- 40 C.J.S., Homesteads, § 144.
No results found for Georgia Code 44-13-7.