---
title: O.C.G.A. § 53-11-4. Service of notice where person or residence unknown, or resides outside state.
collection: code
id: 53-11-4
cite_as: O.C.G.A. § 53-11-4 (2025)
canonical_url: https://georgiacommons.org/code/53-11-4
md_url: https://georgiacommons.org/code/53-11-4.md
text_url: https://georgiacommons.org/code/53-11-4/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-2021-pdf.pdf?sfvrsn=d23ba203_0#page=731
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / PROCEEDINGS IN PROBATE COURT
---

# O.C.G.A. § 53-11-4. Service of notice where person or residence unknown, or resides outside state.

(a) Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section 53-11-5, the provisions of this Code section shall apply in cases when a person to be served with notice of a proceeding covered by this chapter has a known current residence address outside this state, or whose current residence address is unknown.

(b) Unless all such persons have known current residence addresses, the probate court shall order service of notice to be perfected by publication of the citation in the newspaper in which sheriff’s advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons served with notice and the character of such service of notice. The published citation shall be directed to the person to be served with such notice.

(c) If the current residence address of such a person is known, the court shall cause service of notice to be made by mailing by certified or registered mail or statutory overnight delivery, return receipt requested, a copy of the petition and the citation.

(d) When service of notice by publication is ordered by the court pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be served with notice who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons served with notice and the character of such service of notice. In the case of a known person whose current residence address is unknown, that person’s name shall appear in the records of the court, and such records shall confirm compliance with this Code section as to that person. In any case in which service of notice by publication is granted by the court, one order for service of notice by publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section.

## History

Code 1981, § 53-11-4, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 1997, p. 1352, § 28; Ga. L. 2000, p. 1589, § 4; Ga. L. 2002, p. 1316, § 6; Ga. L. 2020, p. 377, § 1-65/HB 865.

The 2020 amendment, effective January 1, 2021, inserted ‘‘with notice of a proceeding covered by this chapter’’ in subsection (a); in subsection (b), inserted ‘‘of notice’’ in the first sentence, in the third sentence, substituted ‘‘served with notice’’ for ‘‘notified’’ and ‘‘such service of notice’’ for ‘‘the notice given’’, and inserted ‘‘with such notice’’ at the end of the last sentence; substituted ‘‘the court shall cause service of notice to’’ for ‘‘service shall’’ in subsection (c); and, in subsection (d), in the first sentence, inserted ‘‘of notice’’, inserted ‘‘by the court’’, substituted ‘‘served with notice’’ for ‘‘notified’’ twice, and substituted ‘‘such service of notice’’ for ‘‘the notice given’’, in the second sentence, substituted ‘‘confirm’’ for ‘‘show as to that person’s’’ and inserted ‘‘as to that person’’ at the end, and in the last sentence, inserted ‘‘of notice’’, ‘‘by the court’’ and ‘‘service of notice by’’.

## Cross References

Service of process generally, § 9-11-4.

## Editor's Notes

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the Act shall be applicable with respect to notices delivered on or after July 1, 2000.

## Law Reviews

For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 313 (1997).