Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 53-11-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-11-9 Case Law from Google Scholar Amendments to OCGA 53-11-9

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

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

ARTICLE 3 NONDOMICILIARIES

53-11-9. Issuance of citation upon filing of petition; contents; meaning.

  1. Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however, if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the probate court. The citation also shall state whether the hearing will take place on a certain date or be specially scheduled for a later date. With respect to all proceedings under this title, the citation, if any, may state that if no objections are filed the petition may be granted without a hearing.
  2. For purposes of this chapter, the words "citation" and "notice" shall have the same meaning unless the context otherwise requires.

(Code 1981, §53-11-9, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 31; Ga. L. 1998, p. 1586, § 47.)

Law reviews.

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).

COMMENT

This section states the general requirement, upon the filing of a petition, a citation shall be issued, addressed to parties who are entitled to notice or service upon the filing of a petition. The citation will require that the objections be made in writing and will give the date by which objections must be filed. In addition, the citation is designed to inform the parties whether a hearing will be held on a date that is named in the citation or on a date to be later specified by the court. For a list of proceedings in which the petition may be granted without a hearing if no objections are filed, see OCGA Sec. 15-9-86.1. The requirements of subsection (b) reflect those of former OCGA Sec. 53-3-14(c).

JUDICIAL DECISIONS

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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 80 Am. Jur. 2d, Wills, § 808 et seq.

C.J.S.

- 95 C.J.S., Wills, §§ 545 et seq., 557.

No results found for Georgia Code 53-11-9.