§ 53-5-21 - (Pre-1998 Probate Code) Application for probate court approval of conveyance or encumbrance; verification; appointment of guardian ad litem; service; hearing and order; recordation of p
O.C.G.A. 53-5-21 (2010)
53-5-21. (Pre-1998 Probate Code) Application for probate court approval of conveyance or encumbrance; verification; appointment of guardian ad litem; service; hearing and order; recordation of proceedings; fees; appeal
(a) The approval of the judge of the probate court required by subsection (b) of Code Section 53-5-20 shall be obtained in the following manner: The surviving spouse shall make application in writing, under oath, to the judge of the probate court, stating the purpose or purposes of the proposed conveyance or encumbrance and describing the property the spouse desires to convey or encumber, the nature of the proposed conveyance or encumbrance, and the names, last known addresses, and ages of the children for whose benefit the year's support was set apart. If the surviving spouse is not alive, the application may be made by the guardian for any one or more of the children for whose benefit the year's support was set apart. Thereupon, the judge of the probate court shall set a date for hearing on the application and shall appoint a guardian ad litem who shall accept the appointment in writing to represent the minor beneficiaries. Personal service shall be made not less than ten days prior to the date set for the hearing on each child for whose benefit the year's support was set apart who has attained the age of 18 at the time the application is filed. If the spouse of the decedent does not know and cannot easily ascertain the addresses of any of the children, service shall be made by publishing notice of the date and purpose of the hearing once in the newspaper in which sheriff's sales for the county are advertised and by posting a copy of the notice at the courthouse not less than ten days prior to the date set for the hearing. In addition to publication, the judge of the probate court or his clerk shall cause a copy of the notice to be sent by mail to the last known address of each child whose current address is unknown, not less than ten days prior to the date set for such hearing. Objections, if any, shall be made in writing.
(b) At the hearing, the judge of the probate court shall satisfy himself that service has been made as required by this Code section and that the purpose or purposes of the proposed conveyance or encumbrance are proper and shall, when so satisfied, pass an order reciting due compliance with this Code section and approval of the proposed conveyance or encumbrance, which order shall be final and conclusive.
(c) The proceedings shall be indexed and recorded in books to be kept for that purpose by the judge of the probate court in each county in which any of the property is located.
(d) An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the judge of the probate court in other cases.