Petition to Probate Will in Solemn Form - Free Download
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Petition to Probate Will in Solemn Form
Petition to Probate Will in Solemn Form
GPCSF 5 [1] Eff. January 2015
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.
3. Signatures of heirs who acknowledge service must be sworn to before 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 sworn to 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.
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 (and Codicil(s)) 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, 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.
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Petition to Probate Will in Solemn Form