Title 53, Chapter 11, Section 3
( 53-11-3)
(a) Except as otherwise prescribed by law or directed by the probate
judge, a party in interest who is a resident of this state is
entitled to personal service of any petition and citation for
proceedings that are subject to the provisions of this chapter. (b) Except as otherwise provided in this Code section, personal
service shall be made by delivery of a copy of the petition and
citation by the sheriff or some other lawful officer at least ten
days before the hearing except that, if waived in writing, the
ten-day provision shall not apply. An entry of such service shall
be made on the original and the copy for the party served. (c) A party who is in the military service may be served by any
commissioned officer who shall file with the probate court a
certificate stating that copies of the petition and citation were
served in person. (d) Individuals who are not sui juris shall be served as provided in this chapter or as provided in Code Section 15-9-17. (e) When personal service is required by this Code section, unless
otherwise directed by the probate court, service may be made by
registered or certified mail or statutory overnight delivery if the
petitioner so requests in the petition. The court shall cause a
copy of the petition and the citation to be sent by registered or
certified mail or statutory overnight delivery with return receipt
requested and with delivery restricted to addressee only. If the
return receipt is not signed by the addressee, dated at least ten
days before the date specified in the citation, and received by the
court before the date specified in the citation for the filing of
objections, service shall be made as otherwise required by this Code
section. |