---
title: O.C.G.A. § 53-5-46. Service of process.
collection: code
id: 53-5-46
cite_as: O.C.G.A. § 53-5-46 (2025)
canonical_url: https://georgiacommons.org/code/53-5-46
md_url: https://georgiacommons.org/code/53-5-46.md
text_url: https://georgiacommons.org/code/53-5-46/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=528
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.
up: https://georgiacommons.org/code/53-5.md
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index: https://georgiacommons.org/code/index.md
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 / PROBATE / FOREIGN AND OUT-OF-STATE WILLS; NONDOMICILIARIES / FOREIGN PERSONAL REPRESENTATIVES
---

# O.C.G.A. § 53-5-46. Service of process.

(a) Service of process may be made upon the personal representative of a decedent who dies domiciled outside this state by registered or certified mail, addressed to the personal representative’s last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Service of process upon such a personal representative may also be perfected by statutory overnight delivery as provided in Code Section 9-10-12 if the receipt provided by the commercial delivery company is signed by the addressee. Notice by first-class mail is sufficient if certified or registered mail service to the addressee is unavailable. Service may be made upon the personal representative in the manner in which service could have been made under other laws of this state on either the personal representative or the decedent immediately prior to death.

(b) If service is made on the personal representative as provided in subsection (a) of this Code section, the personal representative shall be allowed at least 30 days within which to appear and respond.

## History

Code 1981, § 53-5-46, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2000, p. 1589, § 15.

## 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.