Petition to Probate Will in Common Form - Free Download
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GPCSF 4 [1] Eff. January 2015
PETITION TO PROBATE WILL IN COMMON FORM
INSTRUCTIONS
I. Specific Instructions
1. This form is to be used when filing a Petition to Probate Will in Common
Form pursuant to O.C.G.A. §53-5-15 et seq.
2. An Order for Probate of a Will in Common Form may be granted without
service to any one, unless required by the Court. The Court may refuse to grant a
Petition to Probate a Will in Common Form. (Henderson v. McVay, 269 Ga. 7
(1998).)
3. According to O.C.G.A. §53-5-19, a Probate in Common Form is not conclusive on
all parties until four years from the time of probate (or if minors, four years
after said minor reaches the age of majority).
4. As set out in O.C.G.A. §53-5-16 (b) “...probate of a will in common form does
not protect the executor in any acts beyond the executor’s normal duties of
collecting and preserving assets…”
5. This form should not be used in connection with a petition to probate a copy of a
will in lieu of a lost original without checking with the Court in which the Petition
will be filed.
6. This form should not be used to file a combination petition to probate will and
for letters of administration with the will annexed (see Petition to Probate Will in
Solemn Form and For Letters of Administration with Will Annexed, GPCSF 7).
7. 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 similar or closer degree who have not been listed.
Provide the date of death of any deceased heirs and the name of the Personal
Representative if applicable. The Personal Representative of a deceased heir is
authorized to consent on behalf of that heir. O.C.G.A. §53-6-30. NOTE: If you
are uncertain how to determine the heirs of a decedent, refer to the “Heirs
Determination Worksheet” available from the Probate Court or at
www.gaprobate.org. 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.”
8. This form should not be used if the Petitioner is seeking the appointment of a
Testamentary Guardian in Paragraph 6, which requires notice to the relatives of the
decedent’s minor child(ren) pursuant to O.C.G.A. §29-2-4.
