Petition to Probate Will in Solemn Form & for Letters of Administration w/ Will Annexed - Free Download
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GPCSF 7 [1] Eff. January 2015
PETITION TO PROBATE WILL IN SOLEMN FORM AND FOR LETTERS OF
ADMINISTRATION WITH WILL ANNEXED
INSTRUCTIONS
I. Specific Instructions
1. This form is to be used when filing a combined Petition to Probate Will in Solemn Form
pursuant to O.C.G.A. §53-5-20 et seq., and for Letters of Administration with the Will
Annexed pursuant to O.C.G.A. §53-6-13 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.
3. Signatures of heirs and beneficiaries who acknowledge service must be sworn to before a
notary public or the clerk of any probate court of this state. An attorney at law may
acknowledge service on behalf of an heir or beneficiary; however, the attorney must
certify that he or she currently represents that heir or beneficiary 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 as provided above. It is not necessary that all acknowledgements appear
on the same page. !
4. O.C.G.A. §53-11-2 provides that a party to a probate proceeding who is not sui juris must
be represented by a guardian provided that the Court may appoint a guardian ad litem or
determine that the natural guardian, guardian, conservator, or testamentary guardian has
no conflict and may serve.
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. This form 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 in lieu of personal service, in accordance with
O.C.G.A. §53-11-3(e). Make appropriate changes in the order for notice, notice, and
certificate of service. If Petitioner requests 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 unsuccessful, pursuant to O.C.G.A. §53-11-3(e)
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 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. §53-7-1.
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
Petition to Probate Will in Solemn Form & for Letters of Administration w/ Will Annexed
