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Petition To Probate Will In Solemn Form GPCSF 5 - Georgia
| Petition To Probate Will In Solemn Form Form. This is a Georgia form and can be used in Probate Court Statewide . |
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GEORGIA PROBATE COURT STANDARD FORM Petition to Probate Will in Solemn Form INSTRUCTIONS I. Specific Instructions 1. 2. 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. 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. 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. 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. 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. Paragraph 5 requires a definitive statement that the list in Paragraph 3 includes each and every heir of the decedent, and that there are no heirs of the same or closer degree according to O.C.G.A. §53-2-1. Provide the date of death for any deceased heirs. NOTE: If you are uncertain how to determine the heirs of a decedent, please refer to the "Heirs Determination Sheet" available from the probate court or at www.gaprobate.org. Examples of such statement 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." Page 6 Guardian/Conservator's consent to serve should only be completed in the event there is a Testamentary Guardian or Testamentary Conservator named in the will according to O.C.G.A. § 29-2-4 and/or § 29-3-5. As to pages after 6 according to Probate Court Rule 5.6 (A), unless the court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. The documents which are labeled court documents are to be completed by the moving party, unless otherwise directed by the court. 3. 4. 5. 6. 7. 8. II. court. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate Effective 8/10 GPCSF 5 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ESTATE OF DECEASED ) ) ,) ) ESTATE NO. COUNTY PETITION TO PROBATE WILL IN SOLEMN FORM TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of address is/are , shows: 1. On whose place of domicile was Street City County State , whose mailing , 20 , First Middle Last Name 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: Name Age (Or over 18) Address Relationship Effective 8/10 -1- GPCSF 5 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 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: Name Address 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: Name Address c. (initial as applicable). There is/are now a court-appointed Conservator(s), who is/are identified as follows: Name Address 5. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. Make a definitive statement which will show to the court that those persons named in Paragraph 3 constitute all of the heirs of the decedent and that there are no heirs of similar or higher degree according to O.C.G.A. §53-2-1. Provide the names of any deceased heirs and include the date of death for each. (See instructions for further clarification.) 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. Effective 8/10 -2- GPCSF 5 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 6. (initial one) To the knowledge of the petitioner(s), no other proceedings with r
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