Georgia House of Representatives - 1995/1996 Sessions

HB 143 - Estates; letters of adm; waiver of publication

Page Numbers - 1/ 2

1. Cox  160th


House Comm: Judy       /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/11/95  Read 1st Time                                                                
              1/12/95  Read 2nd Time                                                                
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Code Sections amended: 53-6-27                                                                      


HB 143                                             LC 9 7899






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 53-6-27 of the Official Code of
  1- 2  Georgia Annotated, relating to citations and notices of
  1- 3  applications for letters of administration, waiver of
  1- 4  publication of citations, and waiver of bonds or granting of
  1- 5  powers, so as to provide for the granting of consent to the
  1- 6  waiver of publication of the citation giving notice of an
  1- 7  application for letters of administration with respect to
  1- 8  any heir at law who is not sui juris; to repeal conflicting
  1- 9  laws; and for other purposes.

  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-11  Code Section 53-6-27 of the Official Code of Georgia
  1-12  Annotated, relating to citations and notices of applications
  1-13  for letters of administration, waiver of publication of
  1-14  citations, and waiver of bonds or granting of powers, is
  1-15  amended by striking subsection (b) of said Code section and
  1-16  inserting in lieu thereof a new subsection (b) to read as
  1-17  follows:

  1-18    "(b) Publication of the citation giving notice of an
  1-19    application for letters of administration may be waived by
  1-20    the judge of the probate court if there is filed with the
  1-21    application an agreement signed by all of the heirs
  1-22    approving the grant of letters of administration to the
  1-23    applicant. With respect to any heir at law who is not sui
  1-24    juris, such consent may be given by the duly appointed
  1-25    guardian of the property, if any, or if none, by the duly
  1-26    appointed guardian of the person, if any, and if none, by
  1-27    either parent in the case of  a minor or a majority in
  1-28    interest of the heirs apparent in the case of an
  1-29    incapacitated adult; provided, however, that such consent
  1-30    on behalf of a person not sui juris shall not be effective
  1-31    when the only person consenting is the person who will
  1-32    serve or who is serving as administrator. Notwithstanding
  1-33    subsection (a) of this Code section, if publication is
  1-34    waived by the judge of the probate court, letters of


                                 -1- (Index)

                                                   LC 9 7899

  2- 1    administration may issue after hearing whether at a
  2- 2    regular term or in vacation."

                         SECTION 2.

  2- 3  All laws and parts of laws in conflict with this Act are
  2- 4  repealed.










































                                 -2- (Index)