Probate Form

GEORGIA PROBATE COURT STANDARD FORM
Petition to Probate Will in Solemn Form

INSTRUCTIONS

I. Specific Instructions

1. This form is to be used when filing 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 connection 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 information is given to overcome the presumption of revocation. Check with the court in which the petition will be filed.

3. This form may, but is not required to, be used where service by registered or certified mail with return receipt requested is requested by the petitioner in lieu of personal service, in accordance with O.C.G.A. §53-11-3(e). Appropriate changes would be required in the order for notice, notice and certificate of service.

4. Signatures of heirs who acknowledge service must be attested by a notary public or the clerk of any probate court of this state. It is not necessary that all acknowledgments appear on the same page. An attorney at law may acknowledge service on behalf of an heir; however, the attorney must 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 attested as provided above. With respect to a power of attorney, the attorney-in-fact may acknowledge service on behalf of the donor of the power, provided that the power of attorney grants such authority, the signature of the attorney-in-fact is attested, a copy of the power of attorney is attached, and the attorney-in-fact certifies that the copy is a true copy and is still in effect.

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 for which probate is sought. The same is true when service is acknowledged.

II. General Instructions

General instructions applicable to all Georgia probate court standard forms are available in each probate court.

PETITION TO PROBATE WILL IN SOLEMN FORM

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF ) ESTATE NO.

)

, ) PETITION TO PROBATE WILL

DECEASED ) IN SOLEMN FORM

TO THE HONORABLE JUDGE OF THE PROBATE COURT:

The petition of , whose mailing address is/are

1. On , 20, whose place of domicile was departed this life owning property in Georgia.

2. While alive, decedent duly made and published a Last Will and Testament dated , which is herewith offered for probate in Solemn Form. Your petitioner(s) is/are named as the Executor.

3. Listed below are all of the decedent's heirs, with the age or majority status, address and relationship to the decedent set opposite the name of each:

4. (initial if applicable) As shown in paragraph 3. above, the decedent was survived by (a) minor child(ren), and:

a. (initial if applicable). The Will names a Testamentary Guardian of the minor child(ren) of the decedent. Petitioner shows there is no living parent of said child(ren). The following individual(s) who has/have consented to serve is/are named as Testamentary Guardian in the decedent’s Will:

b. (initial if applicable). The Will names a Testamentary Conservator of the minor child(ren) of the decedent for property passing under the decedent’s Will. The following individual(s) who has/have consented to serve is/are named as Testamentary Conservator(s) in the decedent’s Will:

i. (initial as applicable). There is/are now a court-appointed Conservator(s), who is/are identified as follows:

5. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. Also, state here all pertinent facts which may govern the method of giving notice to any party and which may determine whether 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, please indicate the deceased ancestor through whom they are related to the decedent. If any executor nominated in the will has an equal or higher priority to the propounder, but will not qualify, indicate the name and reasons.

6. (initial one) To the knowledge of the petitioner(s), no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state.

The probate of another purported Will of the decedent is pending in this state in the County Probate Court. The names and address(es) of the propounder(s) and the names, addresses and ages or majority status of the beneficiaries 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, which is expressly made a part hereof, as if fully set forth herein.

WHEREFORE, petitioner(s) pray(s)

1. leave to prove said Will in solemn form,

2. that due and legal notice be given as the law requires,

3. that said Will be admitted to record on proper proof,

4. that Letters of Testamentary Guardianship and/or Letters of Testamentary Conservatorship issue, if applicable,

5. that Letters Testamentary issue, and

6. that this Court order such other relief as may be proper under the circumstances.

VERIFICATION

GEORGIA, COUNTY

Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set forth in the foregoing petition are true.

ACKNOWLEDGMENT OF SERVICE
AND ASSENT TO PROBATE INSTANTER

GEORGIA, COUNTY

IN RE: PETITION OF TO PROBATE THE WILL OF , DECEASED, IN SOLEMN FORM

We, the undersigned, being 18 years of age or older, laboring under no legal disability and being heirs of the above-named decedent, hereby acknowledge service of a copy of the petition to probate said Will in solemn form, purported Will, and notice, waive copies of same, waive further service and notice, and hereby assent to the probate of said Will in solemn form without further delay.

SIGNATURE(S) OF HEIRS

TESTAMENTARY GUARDIAN AND/OR TESTAMENTARY CONSERVATOR
CONSENT TO SERVE

GEORGIA, COUNTY

IN RE: PETITION OF TO PROBATE THE WILL OF , DECEASED, IN SOLEMN FORM

I/We, the undersigned, being 18 years of age or older, laboring under no legal disability and being named as Testamentary Guardian(s) and/or Testamentary Conservator(s), hereby consent to serve. I/We understand that once appointed, I/We will have the same rights, powers, and duties as set forth in O.C.G.A. §29-2-4 and 29-3-5.

SIGNATURE