§ 53-9-44 - (Pre-1998 Probate Code) Petition for order to take action in lieu of full conservatorship; verification and contents; notice; hearing; intervention; guardian ad litem; order; retention o - Georgia Statutes

O.C.G.A. 53-9-44 (2010)
53-9-44. (Pre-1998 Probate Code) Petition for order to take action in lieu of full conservatorship; verification and contents; notice; hearing; intervention; guardian ad litem; order; retention of jurisdiction; petition for accounting

(a) If the spouse or, if there is no spouse, the next of kin or person having the legal custody of minors or incompetents of any person defined as an absentee wishes to:

(1) Sell, lease, mortgage, or otherwise dispose of specific personal property or any real property owned by the absentee or in which the absentee has an interest;

(2) Take specific action with respect to the absentee's interests; or

(3) Sign a release or settle a claim on behalf of an absentee or any real property,

then the spouse or next of kin may petition the superior court of the county in which the subject real property is located or, if there is no real property involved, of the county of residence of the petitioner for an order authorizing the desired action with respect to the property or interest.

(b) The petition shall be sworn to by the petitioner and shall state:

(1) The names, addresses, and ages of the spouse and children or, if none, of the heirs at law of the absentee;

(2) The name, address, and age of any other person who would have an interest in the property or estate of the absentee if he were deceased;

(3) The exact circumstances which caused the missing person to be an absentee under Code Section 53-9-40, including the date he was first listed or reported as missing, interned, or captured;

(4) The reasons for the action for which the petition seeks authorization and the circumstances requiring such authorization;

(5) Whether the person alleged to be an absentee has a will, the whereabouts of the will, and the contents thereof, if known; and

(6) All property constituting an asset of the alleged absentee's estate or in which the absentee has any interest and the approximate value of the property.

(c) A copy of the petition and notice of the date of the hearing on the petition shall be given to all persons named in the petition by registered or certified mail; and the receipt of mailing thereof shall be attached to the petition, the notice to be mailed at least 30 days prior to the hearing.

(d) The superior court shall hear evidence on the question of whether the person alleged to be missing, interned, or captured is an absentee as defined by Code Section 53-9-40 and on the question of whether the action proposed to be taken in the petition should be authorized. Any persons having an interest in the proceedings or property may intervene and produce evidence.

(e) The court may appoint a guardian ad litem, in its discretion, to represent the alleged absentee at the hearing.

(f) If, after the hearing, the court is satisfied that the person alleged to be an absentee is an absentee as defined by Code Section 53-9-40 and is also satisfied that the proposed action in question should be authorized and that there is no necessity for a full conservatorship as provided by Code Section 53-9-41, the court shall enter an order authorizing the petitioner to make the proposed sale, lease, mortgage, disposition, consent, release, settlement, or other action without subjecting other property of the absentee to a conservatorship proceeding. The court may retain jurisdiction of the proceeding in order to make such further orders as it shall deem appropriate.

(g) Upon the return of the absentee and his demand therefor or upon the demand of the absentee's administrator, executor, conservator, or other legal representative, a petition for accounting shall be filed by the petitioner in accordance with the procedures provided in Code Sections 53-9-45 and 53-9-46.