Georgia § 53-5-51 - Contents of petition; service of notice; issuance of relief.

§ 53-5-51. Contents of petition; service of notice; issuance of relief.

A petition made pursuant to Code Section 53-5-50 shall set forth the allegations on which such petition is based and the name and address of the then acting personal representative, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served by Code Section 53-5-22. Such petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate and, if such petition is based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50, for the probate of the newly propounded will or codicil in solemn form and for the issuance of new letters testamentary. The beneficiaries under the previously probated will shall be represented in the action by the then acting personal representative, if any; and service of notice upon the personal representative in the same manner as provided for by law under Chapter 11 of this title shall be the equivalent of service of notice upon the beneficiaries. If there is no then acting personal representative, such petition and the citation issued thereon shall be served upon the beneficiaries who are required to be served by Code Section 53-5-22 of the previously probated will, in the same manner as upon the heirs, unless all such parties assent to such petition. If the then acting personal representative acknowledges service of such petition and notice and assents to the relief in the acknowledgment of service of such petition and notice, the relief prayed for in such petition may issue without delay. In the event there is no then acting personal representative, if all the beneficiaries acknowledge service of such petition and notice and assent in their acknowledgments, such relief may issue without delay. (Code 1981, § 53-5-51 , enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-27/HB 865.) The 2020 amendment, effective January 1, 2021, in subsection (a), in the first sentence, substituted "A petition" for "The petition" and "such petition" for "the action", and, in the second sentence, substituted "Such petition" for "The petition" at the beginning, substituted "probate and, if such petition is based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50, for" for "probate;", substituted "newly propounded will" for "new will", and substituted "form and for" for "form; and"; inserted "of notice" preceding "upon the beneficiaries" at the end of subsection (b); in subsection (c), substituted "such petition and the citation issued thereon" for "the petition" near the beginning, and substituted "such petition" for "the petition" at the end; and, in subsection "(d), in the first sentence, substituted "such petition and notice and" for "the petition and" and substituted "of such petition and notice, the relief prayed for in such petition" for "the relief upon the petition", and, in the second sentence, substituted "such petition and notice and assent in their acknowledgments, such relief" for "the petition and assent in their acknowledgments, the relief". Law reviews. - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 71 Mercer L. Rev. 327 (2019).