GPCSF 5 [i] Eff. July 2017
PETITION TO PROBATE WILL IN SOLEMN FORM
INSTRUCTIONS
I. Specific Instructions
1. This form is to be used when f iling a Petition to Probate Will in Solemn Form pursuant to
O.C.G.A. § 53-5-20 et seq.
2. It is permissible, but not mandatory, to use this form in conne ction with a petition to probate
a copy of a will in lieu of a lost original pursuant to O.C.G.A . § 53-4-46, provided that
appropriate interlineations are made, and additional informatio n is given to overcome the
presumption of revocation.
3. Signatures of heirs who acknowledge service must be sworn to be fore a notary public or
the Clerk of any Probate Court of this State. It is not necess ary that all acknowledgments
appear on the same page. An a ttorney at law may acknowledge se rvice on behalf of an
heir; however, the attorney mus t certify that he or she currently represents that heir with
regard to the pending matter and, in order to comply with O.C.G.A. § 53-11-6, the
attorney's signature must be sworn to as provided above. With regard to a power of
attorney, the attorney -in-fact may acknowle dge service on behalf of the grantor of the
power, provided that the power of attorney grants such authorit y, the signature of the
attorney-in-fact is attested, a copy of the power of attorney i s attached, and the attorney-
in-fact certifies that the c opy is a true copy and is still in effect.
4. O.C.G.A. § 53-11-2 provides that a party to a probate proceedin g who is not sui juris must
be represented by a guardian provided that the Court may appoin t a guardian ad litem or
determine that the natural guardian, guardian, conservator, or testamentary guardian has no
conflict and may serve. Should a guardian ad litem be necessary because a party is not sui
juris, use Supplement 1.
5. O.C.G.A. § 53-5-22 (c) provides that service of notice, when made personally or by mail,
shall include a copy of the Petition and of the Will (and Codicil(s)) for which probate is
sought. The same is true when service is acknowledged. This f orm may, but is not required
to, be used where service by registered or certified mail with return receipt requested,
restricted delivery, is requested by the Petitioner(s) in lieu of personal service, in
accordance with O.C.G.A § 53-11-3 (e). Make appropriate change s in the Order for Notice,
Notice and Certificate of Service. If Petitioner(s) request(s) personal service by registered,
certified, or statutory overnight delivery with return receipt requested and with delivery
restricted to the addressee only and that service is unsuccessf ul, service must be made
pursuant to O.C.G.A. § 53-11-3 (a).
6. Paragraph 4 requires sufficient factual information for the Court to conclude that those
listed in Paragraph 3 include each and every heir of the Decedent and that there are not
additional heirs of the same or closer degree according to O.C. G.A. § 53-2-1. These facts
must allow the Court to rule out the possibility that there may be other heirs of the same or
closer degree who have not been listed. Provide the date of death of any deceased heirs and
the name of the deceased heir’s Personal Representative, if app licable. The Personal
Representative of a deceased heir is authorized to consent on b ehalf of that heir. O.C.G.A.
§ 53-7-1. [NOTE: If you are uncertain how to determine the hei rs of a decedent, refer to
the “Heirs Determination Worksheet” available from the Probate Court or at
GPCSF 5 [ii] Eff. July 2017
www.gaprobate.gov.] Examples of such statements would be: (a) “Decedent was or was
not married at the time of his death and had no children born, adopted, living or deceased,
other than listed herein”; (b) “Decedent had no other siblings half or whole other than those
listed herein”; (c) “the Decedent’s brother who died previously had no other children born,
adopted, living or deceased, other than listed herein.”
7. Paragraph 6. In the event there is a Testamentary Conservator n amed in the Will according
to O.C.G.A. § 29-3-5 and the Decedent died leaving minor childr en, then the Consent to
Serve should be completed. When a Testamentary Guardian is to b e appointed, Supplement
5 (Testamentary Guardianship) should be included with this Petition, and the Petitioner(s)
must provide full names and addr esses for the minor children’s adult siblings and
grandparents. If there are no li ving adult siblings or grandparents, the Petitioner(s) must
provide full names and addresses for the minor children’s great -grandparents, aunts,
uncles, great-aunts, or great-uncles, if any such relatives exi st. If the minor children shared
the same parents, the Petitione r(s) may complete one Supplement 5 for such similarly
situated children. If the minor children did not share the sam e parents, a separate
Supplement 5 must be filed for each minor. Contact the Probate Court in which the Petition
will be filed for its policy as to the filing of Supplement 5 w hen there are multiple children.
8. Use Supplement 2 if the Court determines it is appropriate to a ppoint a special process
server.
9. Use Supplement 3 when an addition al certificate of service is necessary.
10. Exhibits should be labeled at the bottom of each exhibit as Exh ibit “A,” Exhibit “B,” etc.
in consecutive order. The corresponding letter of each said exh ibit should be inserted into
the appropriate place in the form.
11. An oath must be administered by a Probate Judge or Clerk (the o ath cannot be administered
by a notary public). Use Georgia Probate Court Supplement 4 fo r the oath. The oath is
not included in this form. Georgia Probate Court Standard Form 53, Commission to
Administer Oath, can be used if th e oath is to be administered by a court outside the State
of Georgia.
12. According to Uniform Probate Court Rule 5.6 (A), unless the Cou rt specifically assumes
the responsibility, it is the responsibility of the moving party to prepare the proper citation
and deliver it properly so it can be served according to law. A ll pages after the Notice
regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party,
unless otherwise directed by the Court.
II. General Instructions
General instructions applicable to all Georgia Probate Court Standard Forms are available
in each probate court or at www.gaprobate.gov, labeled GPCSF 1.
GPCSF 5 [1] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
PETITION TO PROBATE WILL IN SOLEMN FORM
The Petition of _______________________________________________ ____________
[Full name(s) of Petitioner(s)] First Middle Last
whose physical address(es) is/are _____________________________ _____________________,
Street City County State Zip Code
and mailing address(es) is/are ________________________________ _____________________,
Street City County State Zip Code
shows to the Court the following:
1.
_______________________________________________________________ ______,
[Full name of Decedent] First Middle Last
whose place of domicile was ____________________________________________________,
Street City County State Zip Code
departed this life on ______________________, 20 ______ .
2.
While alive, Decedent duly made and published a Last Will and Testament dated
___________________________________________________________, (a long with Codicil(s)
dated ___________________________________________________), whi ch is herewith offered
for probate in Solemn Form as the Decedent’s “Will”. _________ __________________ is/are
named as the Executor(s). 3.
Listed below are all of the Decedent's heirs at law, with age o r majority status, address and
relationship to the Decedent set opposite the name of each:
Name Age (or over 18) Address Relationship
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
GPCSF 5 [2] Eff. July 2017
4.
Required : [Provide sufficient factual information to enable the Court to conclude that all
of the heirs of the Decedent are in cluded and that there are no heirs of the same or closer degree
according to O.C.G.A. § 53-2-1. Provide the na mes of any deceased heirs, the name and address
of his or her Personal Representative, if any , and include the date of death for each. [See
instructions for further clarification.] Also, st ate here all pertinent facts that may govern the
method of giving notice to any party and that may determine wh ether or not a guardian ad litem
should be appointed for any party . If any heirs listed above are cousins, grandchildren, nephews
or nieces of the Decedent, indi cate the deceased ancestor through whom they are related to the
Decedent. If any executor nominated in the Wi ll has a priority equal to or higher than the
Propounder but will not qualify, indica te the name and reasons.]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
5.
[Initial one]
______ (a) To the knowledge of the Petitioner(s), no other proceeding s with respect to this estate
are pending, or have been completed, in any other Probate Court in this State or any
other state.
______ (b) The probate of another purported Will of the Decedent is p ending in the State of
_______________________________, in the _______________________ _ County
______________________ Court. The name(s) and address(es) of the Propounder(s)
and the names, addresses and ages or majority status of the ben eficiaries under the
other purported Will to whom notice is required under O.C.G.A. § 53-5-22 (b) are
listed on the attachment hereto, as Exhibit “____,” which is ex pressly made a part
hereof, as if fully set forth herein.
______ (c) An Administration is pending in the State of ____________________________, in the _________________________ County __________________________ _ Court.
The name(s) and address(es) of each Petitioner and the name(s) and address(es) of
any appointed Administrator(s), if any, are listed on the attac hment hereto, as Exhibit
“____,” which is expressly made a part hereof, as if fully set forth herein.
GPCSF 5 [3] Eff. July 2017
6.
[Initial all that apply; however, please note th at this form may not be appropriate if the
Petitioner(s) is/are seeking the appointment of a Testamentary Guardian, which requires notice
to the relatives of the Decedent’s minor child(ren) pursuant to O.C.G.A. § 29-2-4.]
At the time of the Decedent’s death, and at this time, the Dece dent left (a) minor
child(ren) and the Will names a Testamentary Conservator.
________ (a) The Will names a Testamentary Conservator of (a) m inor child(ren) of the
Decedent. At the time of the Decedent’s death, he/she had (a) m inor child(ren) and
there is/are no court-appointed Conservator(s); the following i ndividual(s) is/are
named as Testamentary Conserva tor(s) in the Decedent’s Will:
Name Address
_______________________________________________________________ ______________
_______________________________________________________________ ______________
________ (b) The Will names a Testamentary Conservator of (a) m inor child(ren) of the
Decedent. At the time of the Dece dent’s death, he/she had (a) minor child(ren) and
there is/are a court-appointed Conservator(s), who is/are ident ified as follows:
[NOTE, if named Testamentary Conservator(s) and court-appointed Conservator(s)
are different.]
Name Address
_______________________________________________________________ ______________
_______________________________________________________________ ______________
7.
Additional Data: [Where full particulars are lacking, st ate here the reasons for any such
omission.]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
GPCSF 5 [4] Eff. July 2017
WHEREFORE, Petitioner(s) pray(s):
1. Leave to prove said Will (and Codicil(s)) in Solemn Form;
2. That due and legal notice be gi ven as the law requires;
3. That said Will be admitted to record on proper proof;
4. That Letters of Testamentary C onservatorship issue, if applicab le;
5. That Letters Testamentary issue; and
6. That this Court order such other relief as may be proper under the circumstances.
____________________________________
Signature of Petitioner
____________________________________
Printed Name
____________________________________
____________________________________
Mailing Address
____________________________________
Telephone Number Signature of Attorney ______________________________________________________
Printed Name of Attorney ______________________________________ ________________
Address ______________________________________________________
______________________________________________________
Telephone Number __________________ State Bar #______________ __________
GPCSF 5 [5] Eff. July 2017
VERIFICATION
GEORGIA, ___________________ COUNTY Personally appeared before me the undersigned Petitioner(s) who , after being duly sworn,
state(s) that the facts set fort h in the foregoing Petition to Probate Will in Solemn Form (and the
attached Exhibit(s)) are true and correct.
Sworn to and subscribed before me this
______ day of _______________, 2 0_____ ________ _____________________________
Signature of Petitioner
___________________________________ _____________________________________
NOTARY/CLERK OF PROBATE COUR T Printed Name of Petitioner
My Commission Expires _______________
GPCSF 5 [6] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
ACKNOWLEDGMENT OF SERVICE AND ASSENT TO PROBATE INSTANTER
The undersigned, being 18 years of age or older, laboring under no legal disability and
being an heir of the above-named Decedent, hereby acknowledges service of a copy of Petition to
Probate the Will in Solemn Form, purported Will, and notice, wa ives copies of same, waives
further service and notice, and hereby assents to the probate of said Will in Solemn Form instanter.
Sworn to and subscribed before me this
______ day of _______________, 2 0_____ ________ _____________________________
Signature of Heir
___________________________________ _____________________________________
NOTARY/CLERK OF PROBATE COURT Printed Name of Heir
My Commission Expires
________________
--------------------------------------------------------------------------------------------------------------------------------------------
Sworn to and subscribed before me this
______ day of _______________, 2 0_____ ________ ____________________________
Signature of Heir
___________________________________ _____________________________________
NOTARY/CLERK OF PROBATE COURT Printed Name of Heir
My Commission Expires ________________
--------------------------------------------------------------------------------------------------------------------------------------------
Sworn to and subscribed before me this
______ day of _______________, 2 0_____ ________ _____________________________
Signature of Heir
___________________________________ _____________________________________
NOTARY/CLERK OF PROBATE COURT Printed Name of Heir
My Commission Expires ________________
GPCSF 5 [7] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
TESTAMENTARY CONSERVATOR’S
CONSENT TO SERVE
[To be completed only in the event a Testam entary Conservator is named in the Will]
The undersigned, being 18 years of age or older, laboring under no legal disability, and
being named as Testamentary Conservator, hereby consents to ser ve. I understand that once
appointed, I will have the same rights, powers, and duties as set forth in O.C.G.A. § 29-3-5.
Sworn to and subscribed before me this
______ day of _______________, 2 0_____ ________ _____________________________
Signature of Testamentary Conservator
___________________________________ _____________________________________
NOTARY/CLERK OF PROBATE COURT Pr inted Name of Testamentary Conservator
My Commission Expires
________________
--------------------------------------------------------------------------------------------------------------------------------------------
Sworn to and subscribed before me this
______ day of _______________, 2 0_____ ________ _____________________________
Signature of Testamentary Conservator
___________________________________ _____________________________________
NOTARY/CLERK OF PROBATE COURT Pr inted Name of Testamentary Conservator
My Commission Expires
________________
GPCSF 5 [8] Eff. July 2017
NOTICE
THE FOLLOWING PAGES ARE TO BE
COMPLETED BY THE PETITIONER (MOVING
PARTY) UNLESS OTHERWISE DIRECTED BY THE
COURT.
SEE PROBATE COURT RULE 5.6 (A).
GPCSF 5 [9] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
ORDER FOR SERVICE OF NOTICE
The foregoing Petition to Proba te Will (and Codicil(s)) in Solemn Form having been filed,
service is ordered as follows:
[Initial all that apply]
______ Notice together with a copy of the Petition and purported Will (and Codicil(s))
shall be served personally, or by registered or certified mail or statutory overnight delivery, as
requested by the Petitioner(s) pursuant to O.C.G.A. § 53-11-3, at least ten (10) days before the
Will (and Codicil(s)) can be probated on the following heirs wh o reside in Georgia: [if mailed,
must be with return receipt requested, and restricted delivery to addressee only]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______ Notice together with a copy of the Petition and purported Will (and Codicil(s))
shall be served by registered or certified mail, return receipt requested, pursuant to O.C.G.A. §
53-11-4, upon the following nonresiden t heirs whose current residence addresses are known:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______ Notice shall be pub lished once a week for four (4) weeks in th e legal organ of this
County, before _________________________, 20____, in order to serve by publication the
following heirs whose current res idence addresses are unknown:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
SO ORDERED this _____ day of __________________, 20___.
__________________________________________
Judge of the Probate Court
GPCSF 5 [10] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
NOTICE
IN RE: The Petition to Probate Will (and Codicil(s)) in Solemn Form in the above-referenced
estate
[Strike any paragraph if not applicable]
TO: _______________________________________________________________ ________
[List here all interested parties who reside in Georgia to be served personally or by registered or certified mail or
statutory overnight deliver y with restricted delivery to the addressee, if specifically requested by the Petitioner(s)]
This is to notify you who are re quired to be served personally, to file objection, if there is
any, to the Petition to Probate Will in Solemn Form, in this Co urt on or before the tenth (10th) day
after the date you are personally s erved or sign the return receipt.
TO: _____________________________________________ __________________________
[List here all heirs having known addresses ou tside the continental U.S. to be served by registered or certified mail or
statutory overnight deliver y with restricted delivery to the addressee, if specifically requested by the Petitioner(s)]
This is to notify you to file objection, if there is any, to t he Petition to Probate Will in
Solemn Form, in this Court on or before the thirtieth (30th) day after ____________, 20_____ (the
date of the mailing of this Notice to you by certified or registered mail, return receipt requested);
provided, however, that if a return receipt for such Notice is actually received by the Court within
such thirty (30) days, the deadline for the filing of any objection shall be ten (10) days from the
date of receipt shown on such return receipt.
TO: _____________ __________________________________________________________
[List here all heirs having known addresses in the continental U.S. to be served by registered or certified or statutory
overnight delivery with restricted delivery to the addre ssee, if specifically requested by the Petitioner(s)]
This is to notify you to file objection, if there is any, to t he Petition to Probate Will in
Solemn Form, in this Court on or before the thirteenth (13th) d ay after _________________,
20_____ (the date of the mailing of this Notice to you by certified or registered mail, return receipt
requested); provided, however, that if a return receipt for suc h Notice is actually received by the
Court within such thirteen (13) days, the deadline for the fili ng of any objection shall be ten (10)
days from the date of receipt shown on such return receipt.
GPCSF 5 [11] Eff. July 2017
BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting for th
the grounds of any such object ions. All objections should be s worn to before a notary public or
before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you
qualify to file as an indigent party. Contact Probate Court personnel for the required amount of
filing fees. If any objections are filed, a hearing will be (held on ___________________, 20_____)
(scheduled at a later date). I f no objections are filed, the P etition may be granted without a hearing.
_______________________________________
Judge of the Probate Court
By: ___________________________________
Clerk of the Probate Court
_______________________________________
_______________________________________
Address
_______________________________________
Telephone Number
GPCSF 5 [12] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
NOTICE
IN RE: The Petition to Probate W ill (and Codicil(s)) in Solemn Form in the above-
referenced estate having been duly filed,
[For use if an heir is required to be served by publication]
TO: ________________________________________________________________________
[List here all heirs having unknown addr esses to be served by publication]
This is to notify you to file objection, if there is any, to t he Petition to Probate Will in
Solemn Form, in this Court on or before ____________________________________, 20_____.
BE NOTIFIED FURTHER : All objections to the Petition must be in writing, setting fo rth
the grounds of any such object ions. All objections should be s worn to before a notary public or
before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you
qualify to file as an indigent party. Contact Probate Court personnel for the required amount of
filing fees. If any objections are filed, a hearing will be (h eld on _____________________,
20_____) (scheduled at a later date). If no objections are filed, the Petition may be granted without
a hearing.
_______________________________________
Judge of the Probate Court
By: ___________________________________
Clerk of the Probate Court
_______________________________________
_______________________________________
Address
_______________________________________
Telephone Number
GPCSF 5 [13] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
CERTIFICATE OF SERVICE
I certify that I have this date mailed, ( unless otherwise note d), in an envelope with
the p roper postage a f fixed thereto for first-class mail delivery copies of the
____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
to the following p
arties at the addresses below:
This _______ day of ________________, 20____.
_____________________________________
Clerk of the Probate Court
_____________________________________
_____________________________________
Address
_____________________________________
Telephone Number
GPCSF 5 [14] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
ORDER ADMITTING WILL (AND CODICIL( S)) TO PROBATE IN SOLEMN FORM
An alleged Last Will and Testament dated _____________________________________
(and Codicil(s) dated ________________________________________ ) was/were propounded.
_____________________________________________________________ was/were nominated
Personal Representative(s) by the Testator. The Court finds tha t the Decedent died domiciled
within, or domiciled outside the State of Georgia but owning pr operty within, the above County.
The Court further finds that all of the heirs at law were served or acknowledged service. The Court
further finds that no objection ha s been filed, and all requirements of law have been fulfilled. The
Court further finds that the propounded Will (is self-proving) (has been proved by one or more
witnesses).
ACCORDINGLY, IT IS ORDERED that the Will dated __________________________
(and the Codicil(s) dated ______________________________________) is/are established as the
Last Will and Testament of the Decedent (“the Decedent’s Will”) ; that the Will be admitted to
record as proven in Solemn Form; and, that the nominated Execut or(s) named above has/have
leave to qualify as Personal Representative(s) by taking the re quired oath, after which Letters
Testamentary shall issue. The Clerk shall serve the Personal Re presentative(s) with copies of this
Order and the Letters upon qualification.
IT IS FURTHER ORDERED that the Personal Representative(s) shall disburse all property
according to the terms of the Decedent’s Will and shall maintai n all records of income and
disbursements until discharg ed by Order of this Court.
IT IS FURTHER ORDERED that: [initial all that apply]
______ (a) An inventory shall be filed.
______ (b) Annual returns shall be filed.
______ (c) Letters of Testamentary C onservatorship shall issue to
_______________________________________________________.
______ (d) Letters of Testamentary Guardianship shall issue to
_______________________________________________________.
SO ORDERED this _______ day of ________________, 20____.
_______________________________
Judge of the Probate Court
GPCSF 5 [15] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
LETTERS TESTAMENTARY [Relieved of Filing Returns]
At a regular term of Probate Court, the Last Will and Testamen t dated ________________
(and Codicil(s) dated ____________________________) of the above-named Decedent, who was
domiciled in this County at the time of his or her death or was domiciled in another state but owned
property in this County at the time of his or her death, was legally proven in Solemn Form to be
the Decedent’s Will and was admitted to record by order, and it was further ordered that
____________________________________________, named as Executor(s) in said Will, be
allowed to qualify, and that upon so doing, Letters Testamentar y be issued to such Executor(s).
THEREFORE, the Executor(s), having taken the oath of office an d complied with all
necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise
all powers of Executor(s) under the Will of said Decedent, acco rding to the Decedent’s Will and
the law.
Given under my hand and official seal, the ______ day of _________________, 20____.
___________________________________________
Judge of the Probate Court
NOTE: The following must be signed if the
Judge does not sign the original of
this document:
Issued by: [Seal]
_____________________________________
Clerk of the Probate Court
GPCSF 5 [16] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
LETTERS TESTAMENTARY [Not Relieved of Filing Returns]
At a regular term of Probate Court, the Last Will and Testament dated
____________________________ (and Codicil(s) dated __________________________) of the
above-named Decedent, who was domiciled in this County at the time of his or her death or was
domiciled in another state but own ed property in this County at the time of his or her death, was
legally proven in Solemn Form to be the Decedent’s Will and was admitted to record by order,
and it was further ordered that ____________________________________________, named as
Executor(s) in said Will, be allowed to qualify, and that upon so doing, Letters Testamentary be
issued to such Executor(s).
THEREFORE, the Executor(s), having taken the oath of office an d complied with all
necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise
all powers of Executor(s) under the Will of said Decedent, acco rding to the Decedent’s Will and
the law and is/are hereby required to render a true and correct inventory of all property, both real
and personal, and any and all de bts of the estate, and make a return of them to this Court, and
further, to file a proper annual return or final return with th is Court each year within sixty (60)
days of the anniversary date of appointment until the Executors hip is fully discharged.
Given under my hand and official seal, the ______ day of _________________, 20____.
__________________________________________
Judge of the Probate Court
NOTE: The following must be signed if the
Judge does not sign the original of
this document:
Issued by: [Seal]
_____________________________________
Clerk of the Probate Court
GPCSF 5 [17] Eff. July 2017
IN THE PROBATE COURT OF _______________________ COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF )
)
___________________________________, ) ESTATE NO. ____________
DECEASED )
LETTERS OF TESTAMENTARY CON SERVATORSHIP OF MINOR
[To be completed only in the event a Testam entary Conservator is named in the Will]
TO: ________________________________________________, Testamentary Conservator(s)
RE: ________________________________________________, Minor
________________________________________________, Date of Birth
Pursuant to the Last Will and Testament (and Codicil(s)), of t he above-named Decedent,
you have been appointed Testamentary Conservator(s) of the Mino r’s property. You have assented
to this appointment by taking your oath. In general, your duti es as Testamentary Conservator(s)
are to protect and maintain the property of the Minor and utili ze the Minor’s property solely for
the benefit of the Minor. Consult your attorney if you have any questions.
These Letters of Testamentary Conservatorship empower the above Testamentary
Conservator(s) to hold, for the Minor, only property which pass ed through the estate of the
above-named Decedent.
Given under my hand and official seal, the ______ day of _________________, 20____.
__________________________________________
Judge of the Probate Court
NOTE: The following must be signed if the
Judge does not sign the original of
this document:
Issued by: [Seal]
_____________________________________
Clerk of the Probate Court