History. Code 1981, § 53-11-2 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 27; Ga. L. 1998, p. 1586, § 44; Ga. L. 2019, p. 693, § 41/HB 70; Ga. L. 2020, p. 377, § 1-63/HB 865.
The 2019 amendment, effective January 1, 2020, substituted ‘‘conservator’’ for ‘‘guardian’’ in the middle of the proviso of subsection (a); in subsection (b), substituted ‘‘such’’ for ‘‘that’’ in the first sentence, in the second sentence, added a comma following ‘‘represented’’ and inserted ‘‘except as provided in subsection (a) of Code Section 15-9-17,’’ in the middle, and inserted ‘‘, except as otherwise provided in Code Section 15-9-17,’’ in the third sentence; and substituted the present provisions of subsection (d) for the former provisions, which read: ‘‘In every petition filed in the probate court, the petitioner shall specify the name of each party who requires a guardian and the name and address of any person who is acting as guardian of the party. A copy of the letters appointing the guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such guardian to act; provided, however, that the probate court may take judicial notice of the issuance of such letters or of such authority.’’
The 2020 amendment, effective January 1, 2021, inserted “, including the estates of one or more deceased heirs that have no personal representative” in subsection (a); added the second sentence in subsection (b); and redesignated subparagraphs (d)(2)(i) through (d)(2)(v) as (d)(2)(A) through (d)(2)(E).
Cross references.
Appointment of guardians ad litem generally, § 9-11-17(c) .
Guardians ad litem and appraisers for year’s support in probate court proceedings, Uniform Rules for the Probate Courts, Rule 23.
Law reviews.
For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).
Structure Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 11 - Proceedings in Probate Court
§ 53-11-1. Applicability Of, and Compliance With, Provisions
§ 53-11-3. Personal Service; Generally
§ 53-11-4. Service of Notice Where Person or Residence Unknown, or Resides Outside State
§ 53-11-5. Additional Service of Citation or Other Notice
§ 53-11-7. Officers Authorized to Administer Oath or Affirmation or Affidavit
§ 53-11-8. Verification of Petitions
§ 53-11-10. Date by Which Objections Must Be Filed or on Which Hearing Will Be Held