Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 70 - Wills, trusts, and estates; year's support; citation and notice

Smith, Larry (109th)	Jenkins, Curtis S (110th)	Holland, Ray (157th)
Crawford, Robert (Mack) M (129th)

Status Summary	HC:	Judy	SC:		FR:	01/13/99	LA:	01/14/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to year's support under the Revised Probate Code of 1998, so as to change the provisions relating to issuance of citation and publication of notice; and for other purposes.

HB 70                                              LC 11 9613 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 3 of Title 53 of the Official Code of 
  1- 2  Georgia Annotated, relating to year's support under the 
  1- 3  Revised Probate Code of 1998, so as to change the provisions 
  1- 4  relating to issuance of citation and publication of notice; 
  1- 5  to repeal conflicting laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Chapter 3 of Title 53 of the Official Code of Georgia 
  1- 9  Annotated, relating to year's support under the Revised 
  1-10  Probate Code of 1998, is amended by striking subsection (c) 
  1-11  of Code Section 53-3-6, relating to issuance of citation and 
  1-12  publication of notice, and inserting in its place the 
  1-13  following: 
 
  1-14      "(c)(1) If there is a personal representative of the 
  1-15      decedent's estate, then, in addition to the citation and 
  1-16      notice required by subsection (b) of this Code section, 
  1-17      the probate court shall cause a copy of the citation to 
  1-18      be sent by mail to the personal representative of the 
  1-19      decedent's estate.  The copy of the citation shall be 
  1-20      mailed not less than 21 days prior to the date and time 
  1-21      shown in the citation. 
 
  1-22      (2) If there is no personal representative of the 
  1-23      decedent's estate, then, in addition to the citation and 
  1-24      notice required by subsection (b) of this Code section, 
  1-25      the petitioner or the attorney for the petitioner shall 
  1-26      file with the probate court an affidavit, upon oath, 
  1-27      showing the name, last known address, and age if less 
  1-28      than age 18 of each interested person and stating that 
  1-29      the petitioner or the attorney for the petitioner has 
  1-30      listed all known interested persons and has made 
  1-31      reasonable inquiry to ascertain the names, last known 
  1-32      addresses, and ages of all interested persons.  The 
  1-33      probate court shall mail a copy of the citation to each 
  1-34      interested person shown on the affidavit not less than 
 
 
 
                                 -1- 
 
 
 
  2- 1      21 days prior to the date and time shown in the 
  2- 2      citation. 
 
  2- 3      (3) If the sole personal representative of the 
  2- 4      decedent's estate and the petitioner or the guardian of 
  2- 5      the petitioner are the same person, then paragraph (2) 
  2- 6      of this subsection shall govern as if the decedent's 
  2- 7      estate had no personal representative. 
 
  2- 8      (4) Notwithstanding the provisions of paragraph (1) and 
  2- 9      (2) of this subsection, a copy of the citation shall not 
  2-10      be required to be mailed to any person who has 
  2-11      acknowledged receipt of service of such citation." 
 
  2-12                           SECTION 2. 
 
  2-13  All laws and parts of laws in conflict with this Act are 
  2-14  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-