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 service of notice of such petition, other than by citation published in the official newspaper of the county in which the petition is made, is necessary under the law or in the judgment of the judge of the probate court on the motion of any party in interest or on the court’s own motion, the judge shall cause a copy of the petition, together with a citation to show cause, if any, why the petition should not be granted and notice of the date, time, and place for filing any objections or for holding a final hearing, to be served by the sheriff or some lawful officer upon each party who resides in this state and to be served by the probate court mailing by registered or certified mail or statutory overnight delivery, return receipt requested, to each party who resides outside this state at a known address, at least 30 days before any objection is required to be filed by such party or before a final hearing is held. An entry of such service of notice shall be made on the original. In extraordinary cases, where it is necessary to act before such service of notice can be given, the judge of the probate court shall so direct the proceedings as to make no final order until service of notice has been given. History. — 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; Ga. L. 2020, p. 377, § 2-18/HB 865. Delayed effective date. — This Code section, as set out above, becomes effective January 1, 2021. For version of this Code section in effect until January 1, 2021, see the 2020 amendment note. The 2018 amendment, effective July 1, 2018, inserted ‘‘verified’’ in the middle of the first sentence of this Code section. The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: ‘‘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.’’