§ 53-6-26 - (Pre-1998 Probate Code) Designation of county where application for letters of administration is to be made; contents of application; waiver of bond and granting of powers
O.C.G.A. 53-6-26 (2010)
53-6-26. (Pre-1998 Probate Code) Designation of county where application for letters of administration is to be made; contents of application; waiver of bond and granting of powers
(a) Every application for letters of administration shall be made to the judge of the probate court of the county of residence of the decedent, if a resident of this state and, if not a resident, then in a county where the estate or some portion thereof is located, and shall set forth the full name, the legal residence, and the date of the death of the decedent; the post office address and place of residence of the applicant; the names, ages, and addresses of the surviving spouse and of the heirs at law, stating their respective relationships to the decedent; and, in the event full particulars are lacking, the reasons for any omission.
(b) As part of the application for letters of administration or by separate application, the heirs at law may, by unanimous consent, authorize but not require the judge of the probate court to waive the bond of the administrator required by Code Section 53-7-30 and to grant to the administrator any of the powers contained in Code Section 53-12-232. With respect to any heir at law who is not sui juris, such consent may be given by the duly appointed guardian of the property, if any, or if none, by the duly appointed guardian of the person, if any, and if none, by either parent in the case of a minor or a majority in interest of the heirs apparent in the case of an incapacitated adult; provided, however, that such consent on behalf of a person not sui juris shall not be effective when the only person consenting is the person who will serve or who is serving as administrator. The provisions of Code Section 53-7-37 shall not apply to the waiver of bond under this subsection. The waiver of bond and grant of powers may only be ordered after publication of a citation as provided in Code Section 53-6-27 and without any objection being filed to such waiver of bond or the grant of any such powers as requested in the application. Such citation shall be sufficient if it states that the application requests, if applicable, that the bond be waived or that, if applicable, certain powers contained in Code Section 53-12-232 be granted.