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§ 53-6-27 - (Pre-1998 Probate Code) Citation and notice of application; waiver of publication of citations; waiver of bond or granting of powers

O.C.G.A. 53-6-27 (2010)
53-6-27. (Pre-1998 Probate Code) Citation and notice of application; waiver of publication of citations; waiver of bond or granting of powers


(a) The judge of the probate court shall issue a citation, giving notice of the application to all concerned, in the newspaper in which the county advertisements are usually published, once a week for four weeks. At the first regular term after the expiration of that time, the application shall be heard or regularly continued. The order granting letters of administration or letters testamentary shall be granted only at a regular term.

(b) Publication of the citation giving notice of an application for letters of administration may be waived by the judge of the probate court if there is filed with the application an agreement signed by all of the heirs approving the grant of letters of administration to the applicant. Notwithstanding subsection (a) of this Code section, if publication is waived by the judge of the probate court, letters of administration may issue after hearing whether at a regular term or in vacation.

(c) Notwithstanding subsection (b) of this Code section, publication shall not be waived by the judge of the probate court if an authorization for a waiver of bond or a grant of powers as provided in subsection (b) of Code Section 53-6-26 is contained in the application for letters of administration.

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