§ 53-7-97 - (Pre-1998 Probate Code) Actions to compel making of title according to terms of bond to make title or of contract for sale of land -- Notice; publication; objections; hearing; order; app
O.C.G.A. 53-7-97 (2010)
53-7-97. (Pre-1998 Probate Code) Actions to compel making of title according to terms of bond to make title or of contract for sale of land -- Notice; publication; objections; hearing; order; appeal
(a) Ten days' notice shall be given in writing to the administrator or executor. Notices shall also be given to the heirs at law of the decedent, unless waived, by publication once a week for four weeks in the newspaper publishing the legal advertisements of the county. If no objection is filed and the judge is satisfied of the truth of the allegations in the petition, the order shall be granted.
(b) When objections in writing are filed in the office of the judge of the probate court, it shall be the duty of the judge to hear evidence as to whether or not the conditions of the bond or contract for the sale of land have been complied with by the payment of the purchase money and to grant an order requiring the title to be made or not, as he may think the principles of justice may require. Either party, if dissatisfied with the decision, may appeal upon the same terms as appeals are granted in other cases.