Title 15, Chapter 9, Section 86.1
( 15-9-86.1)
(a) In any of the proceedings specified in this Code section with respect to which no citation is required to be published, notice of an application to the judge of the probate court for the granting of an order may, instead of stating the time of the hearing as provided in Code Section 15-9-86 and other specific laws, state that the party served must file with the court his or her response to the petition within ten days after personal service of the notice upon him or her, or 13 days after mailing if served by mail, and that if no responses are filed the petition will be granted without a hearing. (b) If the specific laws governing a particular proceeding subject
to this Code section require that a citation be published, such
citation may, instead of stating the time of hearing, state that any
party who is not ordered to be served personally or by mail must
file with the court his or her response to the petition on or prior
to a date certain, which shall be a date for which a hearing could
be set according to the laws governing the particular proceeding. (c) The citation or the caption of the citation shall identify all
parties upon whom service has been ordered whose names are known.
Failure of a party served as provided in subsection (a) or (b) of
this Code section to file with the court his or her response to a
petition within the time required for his or her response shall
constitute a waiver of the right of such party to object to the
petition and a waiver of any right of such party to receive notice
of any further proceedings with respect to such petition. (d) If no party serves a response to the petition, the judge of the
probate court may grant the petition without a hearing. If a
response is filed, the judge of the probate court shall set the
matter for hearing and shall by regular first-class mail send a
notice of the time of hearing to the petitioner and all parties who
have served responses at the addresses given by them in their
pleadings. (e) The proceedings to which this Code section shall apply are: (1) Proceedings for sale, lease, exchange, or encumbrance of a ward's property, as provided in Code Section 29-2-4 or 29-2-7; (2) Proceedings for citation of a guardian for failure to make returns, as provided in Code Section 29-2-44; (3) Proceedings involving waste or mismanagement by a guardian, as provided in Code Section 29-2-45; (4) Proceedings for discharge of a surety on a guardian's bond, as provided in Code Section 29-2-52; (5) Proceedings for resignation of trust by a guardian, as provided in Code Section 29-2-72; (6) Proceedings for resignation by a guardian whose ward has removed to a different county, as provided in Code Section 29-2-73; (7) Proceedings for settlement of accounts of a guardian, as provided in Code Section 29-2-76; (8) Proceedings for appointment of a guardian of a minor, as provided in Code Section 29-4-10; (9) Proceedings for requiring a guardian to give additional bond, as provided in Code Section 29-4-14; (10) Proceedings for appointment of a guardian for a beneficiary of the United States Department of Veterans Affairs, as provided in Code Section 29-6-5; (11) Proceedings for determination of heirs at law, as provided in Code Sections 53-4-30, et seq. of the "Pre-1998 Probate Code"; and (12) Proceedings for setting aside year's support, as provided in Code Section 53-5-8 of the "Pre-1998 Probate Code." |