Fill and Sign the Recent Developments in Georgia Fiduciary Law State Bar of Form

1 IN THE CHANCERY COURT OF THE OF _____________ COUNTY, MISSISSIPPI IN THE MATTER OF THE ESTATE OF ________________________, DECEASED CAUSE NO. ___________________ ORDER APPROVING CAVEAT TO ALLEGED LAST WILL AND TESTAMENT OF ___________________ This cause coming on this day to be heard on the Caveat to Alleged Last Will and Testament of ___________________________ and the Motion to Approve said Caveat of ___________________________ , the Administrator of the Estate of ___________________________ , deceased, and it appearing unto the Court, and the Court finding: 1. The following adults are interested parties to said Caveat: ___________________________ ___________________________ ___________________________ ______________________________________________________ 2. Said ___________________________ , the ___________________________ of the Decedent, has executed an Entry of Appearance and Waiver of Process, entering her appearance at any hearing held on said Petition and waiving the necessity of process being issued in connection therewith. 3. Said ___________________________ did present to Petitioner, in Petitioner ฀s capacity as Administrator of the Estate of ___________________________, a copy of the purported will said to have been executed by said Decedent. A copy of said purported will is attached to said Motion as Exhibit A. 4. Said will is not wholly written and subscribed by Decedent and is not attested by two (2) or more credible witnesses as required by Section 91-5-1 of the Mississippi Code of 1972, as amended. 5. Said ___________________________ was duly served with a copy of a 2 Summons regarding said Caveat, together with a copy of Petitioner฀s Caveat, on the ____ day of ___________, 20___. A copy of the Summons served on Defendant with the completed proof of service is attached as Exhibit B to said Motion. 6. More than thirty (30) days have elapsed since the date on which ___________________________ was served with said Summons and a copy of said Caveat. Said ___________________________ has failed to answer or otherwise defend as to Petitioner ฀s Caveat, or serve a copy of any answer or other defense which she might have upon the undersigned attorney of record for the Petitioner. A true and correct copy of the affidavit of _________________________ , attorney of record for Petitioner, is attached to said Motion as Exhibit C . 7. The purported Will was not wholly written and subscribed by ___________________________ , nor was it shall be attested by two (2) or more credible witnesses in the presence of the said ___________________________ as required by law; it is therefore not admissible to probate before this Court. IT IS NOW, THEREFORE, ORDERED, ADJUDGED AND DECREED : that the purported Will shown in Exhibit ฀A ฀ to said Caveat is not the last will and testament of ___________________________ and is therefore not admissible to probate before this Court. SO ORDERED, ADJUDGED AND DECREED , this the day of ___________, 20___. __________________________________________ C H A N C E L L O R Order Presented By:___________________________ ___________________________ ___________________________ ___________________________