Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before the case can move forward. These individuals are known as parties in interest. Usually service is acknowledged or waived, but not always. Ordinarily a party in interest who does not acknowledge or waive service is entitled to personal service, but what happens when they can’t be found. O.C.G.A. § 53-11-4 authorizes service by publication where the current address of persons who must be served is unknown. The following form can be used to demonstrate that a diligent search took place and the person could not be located.

Service by publication is only appropriate when a party in interest cannot be located. The default provisions in O.C.G.A. § 53-11-3(b) requires delivery of a copy of the petition or citation “by the sheriff or some other lawful officer,” although subsection e) permits the probate court to serve them “by registered or certified mail or statutory overnight delivery.” When service is made by publication, it must be published in the county’s legal organ once a week for four weeks prior to the date on which objections must be filed.