Fill and Sign the Instructions Probate Forms

GENERAL INSTRUCTIONS APPLICABLE TO ALL GEORGIA PROBATE COURT STANDARD FORMS 1. These instructions shall be construed to allow and facilitate the use of technology in document preparation such as by means of word processing. No standard forms or these instructions shall require the filing party to mark or identify any changes in such forms unless they are material. Changes in such forms which are grammatical, changes in gender, changes from singular to plural, omission of optional or alternative language, and the inclusion of variable information such as names and addresses shall not be deemed material; however, the format and sequence of the forms shall be preserved as far as practical. 2. When an available printed standard form is not used for a probate court procedure, then the content of the substituted pleading or other document must conform to the standard form, indicating all material information added to or deleted from the standard form. Material additions must be underlined, placed in bold or all capital letters, or otherwise clearly indicated, and material deletions must be shown with a single strike through or otherwise clearly indicated. At the end of any such document, the attorney must sign the following statement: "I certify that the content of the foregoing is identical in all material respects with Georgia probate court standard form entitled____________________________________, except for additions or deletions indicated as required by the Uniform Probate Court Rules." For purposes of this paragraph, instructions shall not be deemed to be a part of any standard form. 3. Any material language on the form not considered applicable should be stricken with a single strike through, or otherwise clearly indicated. Interlineations may be made if considered necessary and clearly indicated. This includes any change that might be appropriate due to a change in the law which occurs after a form has been adopted. 4. Except for optional or alternative language, any blank (other than extra signature lines) deemed not applicable should be marked "N/A" in the blank, except that if an entire paragraph or section is considered not applicable, it should be marked "N/A" beside the paragraph number or section heading. If an entire page is not applicable, the page may be omitted, and beside the page number of the next page that is applicable there should be placed a notation similar to the following: page(s) ____ not applicable. 5 Words in parentheses should be left in the form if applicable, or stricken through if not applicable. However, where the letter "s" appears in parentheses to denote the plural, it is not necessary to strike the "s" where the singular applies, if otherwise clear from the context. 6. Whenever an instruction indicates that the petitioner should check a blank if applicable, any clear mark is acceptable. 7. If the space provided is not adequate, then additional sheets may be attached, so long as the name of the decedent, caption of the form, and appropriate paragraph number are shown on each additional sheet. 8. Words with Latin endings such as "executor", "administrator", "testator" and "caveator" include the plural and/or the feminine if the context so implies. Effective 1/98 GPCSF 1 9. It is the responsibility of the filing party to complete all portions of the form, except for court signatures and dates, name and answer of any guardian ad litem, evaluator, or other person appointed by the court, and any other information which is not reasonably within the filing party's knowledge. The court may require that the guardian ad litem be an attorney licensed to practice in the State of Georgia. 10. If any other proceedings with respect to the minor, incapacitated adult, or decedent are pending, or have been completed, in any other probate court in this state, and the form states that none are pending, then strike the word "no" in the paragraph of the form dealing with this subject, and attach a sheet giving full details, including the information required by O.C.G.A. § 53-5-22(b) if applicable. 11. A form may only be reproduced by photocopying, offset printing, or some other method which does not involve any retyping or resetting of type, unless the certificate required by Paragraph 2 above is attached to the reproduction. Forms reproduced on word processors should contain such certificate. Effective 1/98 GPCSF 1