petition to probate will in solemn form georgia. probate form 5

8/16/2019 Petition to Probate Will in Solemn Form Georgia. Probate Form 5

1/18

PETITION TO PROBATE WILL IN SOLEMN FORM

INSTRUCTIONS

I. Specific Instructions

1. This form is to be used when filing a Petition to Probate ill in Solemn !orm pursuant

to O.C.".#. $ %&'%'() et se*.

(. It is permissible+ but not mandator,+ to use this form in connection with a petition to

probate a cop, of a will in lieu of a lost original pursuant to O.C.".#. $ %&'-'-+ pro/ided that appropriate interlineations are made+ and additional information is gi/en

to o/ercome the presumption of re/ocation.

&. Signatures of heirs who ac0nowledge ser/ice must be sworn to before a notar, publicor the cler0 of an, probate court of this State. It is not necessar, that all

ac0nowledgments appear on the same page. #n attorne, at law ma, ac0nowledge

ser/ice on behalf of an heir howe/er+ the attorne, must certif, that he or she currentl,

represents that heir with regard to the pending matter and+ in order to compl, withO.C.".#. $ %&'11'+ the attorne,2s signature must be sworn to as pro/ided abo/e.

ith regard to a power of attorne,+ the attorne,'in'fact ma, ac0nowledge ser/ice on behalf of the grantor of the power+ pro/ided that the power of attorne, grants such

authorit,+ the signature of the attorne,'in'fact is attested+ a cop, of the power of

attorne, is attached+ and the attorne,'in'fact certifies that the cop, is a true cop, and isstill in effect.

-. O.C.".#. $ %&'11'( pro/ides that a part, to a probate proceeding who is not sui 3urismust be represented b, a guardian pro/ided that the Court ma, appoint a guardian ad

litem or determine that the natural guardian+ guardian+ conser/ator+ or testamentar,

guardian has no conflict and ma, ser/e. Should a guardian ad litem be necessar, because a part, is not sui 3uris+ use Supplement 1.

%. O.C.".#. $ %&'%'(( 4c5 pro/ides that ser/ice of notice+ when made personall, or b,

mail+ shall include a cop, of the Petition and of the ill 4and Codicil4s55 for which

probate is sought. The same is true when ser/ice is ac0nowledged. This form ma,+

but is not re*uired to+ be used where ser/ice b, registered or certified mail with returnreceipt re*uested+ restricted deli/er,+ is re*uested b, the Petitioner4s5 in lieu of

personal ser/ice+ in accordance with O.C.".# $ %&'11'& 4e5. 6a0e appropriate

changes in the Order for Notice+ Notice and Certificate of Ser/ice. If Petitioner4s5re*uest4s5 personal ser/ice b, registered+ certified+ or statutor, o/ernight deli/er, with

return receipt re*uested and with deli/er, restricted to the addressee onl, and thatser/ice is unsuccessful+ ser/ice must be made pursuant to O.C.".#. $ %&'11'& 4a5.

. Paragraph - re*uires sufficient factual information for the Court to conclude that those

listed in Paragraph & include each and e/er, heir of the 7ecedent and that there are notadditional heirs of the same or closer degree according to O.C.".#. $ %&'('1. These

facts must allow the Court to rule out the possibilit, that there ma, be other heirs of

the same or closer degree who ha/e not been listed. Pro/ide the date of death of an,deceased heirs and the name of the Personal Representati/e+ if applicable. The

Personal Representati/e of a deceased heir is authori8ed to consent on behalf of that

"PCS! % 91: ;ff.


2/18


3/18

IN THE PROBATE COURT

COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF )

) ________________________________, ) ESTATE NO. _____________

DECEASED )

PETITION TO PROBATE WILL IN SOLEMN FORM

The Petition of +[Full name(s) of Petitioner(s)] First Middle Last

whose ph,sical address4es5 isEare +Street City County State Zip Code

and mailing address4es5 isEare +Street City County State Zip Code

shows the Court the following>

1.

+[Full name of Decedent] First Middle Last

whose place of domicile was +Street City County State Zip Code

departed this life on + () .

(.hile ali/e+ 7ecedent dul, made and published a Hast ill and Testament dated

___________________________________________________________ + 4along with Codicil4s5

dated ___________________________________________________ 5+ which is herewith offeredfor probate in Solemn !orm as the 7ecedents ?illA. ___________________________ isEare

named as the ;Becutor4s5.

&.Histed below are all of the 7ecedent2s heirs at law+ with age or ma3orit, status+ address and

relationship to the 7ecedent set opposite the name of each>

Name #ge 4or o/er 1F5 #ddress Relationship

-.

Require> [Provide sufficient factual information to enable te Court to conclude tat

all of te eirs of te Decedent are included and tat tere are no eirs of te same or closer

"PCS! % 91: ;ff.


4/18

de!ree accordin! to "#C#$#%# & '*+# Provide te names of any deceased eirs, te name and

address of is or er Personal -epresentative, if any, and include te date of deat for eac#

[See instructions for furter clarification#] %lso, state ere all pertinent facts .ic may !overnte metod of !ivin! notice to any party and .ic may determine .eter or not a !uardian ad

litem sould be appointed for any party# /f any eirs listed above are cousins, !randcildren,

nepe.s or nieces of te Decedent, indicate te deceased ancestor trou! .om tey arerelated to te Decedent#]

%.

[/nitial one]

______ 4a5 To the 0nowledge of the Petitioner4s5+ no other proceedings with respect to this

estate are pending+ or ha/e been completed+ in an, other probate court in this State

or an, other state.

______ 4b5 The probate of another purported ill of the 7ecedent is pending in the State of

_______________________________ + in the ________________________ Count,

______________________ Court. The name4s5 and address4es5 of the

Propounder4s5 and the names+ addresses and ages or ma3orit, status of the

beneficiaries under the other purported ill to whom notice is re*uired under

O.C.".#. $ %&'%'(( 4b5 are listed on the attachment hereto+ as ;Bhibit ? ____+Awhich is eBpressl, made a part hereof+ as if full, set forth herein.

______ 4c5 #n #dministration is pending in the State of ____________________________ + inthe _________________________ Count, ___________________________ Court.

The name and address of each Petitioner and the name and address of an, appointed

#dministrator+ if an,+ are listed on the attachment hereto+ as ;Bhibit ? ____ +A which

is eBpressl, made a part hereof+ as if full, set forth herein.

"PCS! % 9(: ;ff.


5/18

.

[/nitial if applicable and attac Supplement ' if you are see0in! te appointment of a

1estamentary $uardian#]

#s shown in Paragraph & abo/e+ the 7ecedent was sur/i/ed b, 4a5 minor child4ren5+ and>

_______ 4a5 The ill names a Testamentar, "uardian and Supplement % is attached.

_______ 4b5 The ill names a Testamentar, Conser/ator of the minor child4ren5 of the7ecedent for propert, passing under the 7ecedents ill. The following

indi/idual4s5 who hasEha/e consented to ser/e isEare named as Testamentar,

Conser/ator4s5 in the 7ecedents ill>

Name #ddress

_______ 4c5 There isEare now a court'appointed Conser/ator4s5+ who isEare identified as follows>

Name #ddress

=.

#dditional 7ata> [2ere full particulars are lac0in!, state ere te reasons for any suc

omission# /f any e3ecutor nominated in te 2ill as a priority e4ual to or i!er tan te

Propounder(s) but .ill not 4ualify, indicate te name and reasons#]

"PCS! % 9&: ;ff.


6/18

@;R;!OR;+ Petitioner4s5 pra,4s5

1. Hea/e to pro/e said ill 4and Codicil4s55 in Solemn !orm(. That due and legal notice be gi/en as the law re*uires

&. That said ill be admitted to record on proper proof

-. That Hetters of Testamentar, Conser/atorship issue+ if applicable%. That Hetters Testamentar, issue and

. That this Court order such other relief as ma, be proper under the circumstances.

Signature of !irst Petitioner Signature of Second Petitioner+ if an,

Printed Name Printed Name

6ailing #ddress 6ailing #ddress

Telephone Number Telephone Number

Signature of #ttorne,

Printed Name of #ttorne,

#ddress

Telephone Number State Gar

"PCS! % 9-: ;ff.


7/18

!ERIFICATION

GEORGIA, ______________________ COUNTY

Personall, appeared before me the undersigned Petitioner4s5 who+ after being dul, sworn+state4s5 that the facts set forth in the foregoing Petition and the attached ;Bhibit4s5 are true and

correct.

Sworn to and subscribed before me this

______ da, of _______________ , () _____.

Signature of !irst Petitioner

NOT#RJECH;RK O! PROG#T; COURT

6, Commission ;Bpires ________________

Printed Name of !irst Petitioner


______ da, of _______________ , () _____.

Signature of Second Petitioner

NOT#RJECH;RK O! PROG#T; COURT6, Commission ;Bpires ________________

Printed Name of Second Petitioner

"PCS! % 9%: ;ff.


8/18

THE PROBATE COURT

COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF )

) __________________________________, ) ESTATE NO. _____________

DECEASED )

AC"NOWLEDGMENT OF SER!ICE AND ASSENT TO PROBATE INSTANTER

The undersigned+ being 1F ,ears of age or older+ laboring under no legal disabilit, and

being an heir of the abo/e'named 7ecedent+ hereb, ac0nowledges ser/ice of a cop, of Petition

to Probate the ill in Solemn !orm+ purported ill+ and notice+ wai/es copies of same+ wai/esfurther ser/ice and notice+ and hereb, assents to the probate of said ill in Solemn !orm

instanter.


______ da, of _______________ , () _____.

Signature of @eir



Printed Name of @eir


______ da, of _______________ , () _____.

Signature of @eir





______ da, of _______________ , () _____.Signature of @eir




"PCS! % 9: ;ff.


9/18


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF ))

__________________________________, ) ESTATE NO. _____________

DECEASED )

TESTAMENTARY CONSER!ATOR#S

CONSENT TO SER!E

[1o be completed only in te event a 1estamentary Conservator is named in te 2ill]

The undersigned+ being 1F ,ears of age or older+ laboring under no legal disabilit,+ and

being named as Testamentar, Conser/ator+ hereb, consents to ser/e. I understand that once

appointed+ I will ha/e the same rights+ powers+ and duties as set forth in O.C.".#. $ (D'&'%.


______ da, of _______________ , () _____.

Testamentar, Conser/ator



Printed Name


______ da, of _______________ , () _____.

Testamentar, Conser/ator

NOT#RJECH;RK O! PROG#T; COURT6, Commission ;Bpires ________________

Printed Name

"PCS! % 9=: ;ff.


10/18

NOTICE REGARDING UNIFORM PROBATE

COURT RULE $.% &A):

THE FOLLOWING PAGES ARE TO BE

COMPLETED BY THE PETITIONER &MO!INGPARTY) UNLESS OTHERWISE DIRECTED BY

THE COURT.

"PCS! % 9F: ;ff.


11/18


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF ))

__________________________________, ) ESTATE NO. _____________

DECEASED )

ORDER FOR SER!ICE OF NOTICE

The foregoing Petition to Probate ill 4and Codicil4s55 in Solemn !orm ha/ing beenfiled+ ser/ice is ordered as follows>

[/nitial any and all .ic apply]

______ Notice together with a cop, of the Petition and purported ill 4and Codicil4s55

shall be ser/ed personall,+ or b, certified mail or statutor, o/ernight deli/er,+ as re*uested b, the

Petitioner4s5 pursuant to O.C.".#. $ %&'11'&+ at least ten 41)5 da,s before the ill 4and

Codicil4s55 can be probated on the following heirs who reside in "eorgia> [if mailed, must be.it return receipt re4uested, and restricted delivery to addressee only]

______ Notice together with a cop, of the Petition and purported ill 4and Codicil4s55

shall be ser/ed b, registered or certified mail+ return receipt re*uested+ pursuant to O.C.".#. $%&'11'-+ upon the following nonresident heirs whose current residence addresses are 0nown>

______ Notice shall be published once a wee0 for four 4-5 wee0s in the legal organ of this

Count,+ before _________________________ + () ____ + in order to ser/e b, publication the

following heirs whose current residence addresses are un0nown>

SO OR7;R;7 this _______ da, of ________________ + () ____ .


12/18


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF )

) __________________________________, ) ESTATE NO. _____________

DECEASED )

NOTICE

#N OR7;R !OR S;RLIC; #S "R#NT;7 GJ T@IS COURT ON ____________________ +

() _____ + R;MUIRIN" T@; !OHHOIN"> [Stri0e any para!rap if not applicable]

TO> __________________________________________________ _____________________ [List ere all eirs .o reside in $eor!ia to be served personally or by certified mail .it restricted delivery to te

addressee, if specifically re4uested by te Petitioner(s)]

This is to notif, ,ou who are re*uired to be ser/ed personall,+ to file ob3ection+ if there is

an,+ to the Petition to Probate ill in Solemn !orm+ in this Court on or before the tenth 41)th5da, after the date ,ou are personall, ser/ed or sign the return receipt.

TO> _______________________________________________________________________ [List ere all eirs avin! 0no.n addresses outside te continental 5#S# to be served by certified or re!istered mail]

This is to notif, ,ou to file ob3ection+ if there is an,+ to the Petition to Probate ill in

Solemn !orm+ in this Court on or before the thirtieth 4&)th5 da, after ____________ + () _____

4the date of the mailing of this Notice to ,ou b, certified or registered mail+ return receiptre*uested5 pro/ided+ howe/er+ that if a return receipt for such Notice is actuall, recei/ed b, the

Court within such thirt, 4&)5 da,s+ the deadline for the filing of an, ob3ection shall be ten 41)5

da,s from the date of receipt shown on such return receipt.

TO> _______________________________________________________________________ [List ere all eirs avin! 0no.n addresses in te continental 5#S# to be served by certified or re!istered mail]

This is to notif, ,ou to file ob3ection+ if there is an,+ to the Petition to Probate ill in

Solemn !orm+ in this Court on or before the thirteenth 41&th5 da, after _________________ +() _____ 4the date of the mailing of this Notice to ,ou b, certified or registered mail+ return

receipt re*uested5 pro/ided+ howe/er+ that if a return receipt for such Notice is actuall, recei/ed

b, the Court within such thirteen 41&5 da,s+ the deadline for the filing of an, ob3ection shall beten 41)5 da,s from the date of receipt shown on such return receipt.

BE NOTIFIED FURTHER: #ll ob3ections to the Petition must be in writing+ setting

forth the grounds of an, such ob3ections. #ll ob3ections should be sworn to before a notar,

public or before a probate court cler0+ and filing fees must be tendered with ,our ob3ections+unless ,ou *ualif, to file as an indigent part,. Contact probate court personnel for the re*uired

amount of filing fees. If an, ob3ections are filed+ a hearing will be 4held on

___________________ + () _____ 5 4scheduled at a later date5. If no ob3ections are filed+ the

Petition ma, be granted without a hearing.

#ddress

Cler0E7eput, Cler0 of the Probate Court

"PCS! % 91): ;ff.


13/18

Telephone Number


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF )

)

__________________________________, ) ESTATE NO. _____________

DECEASED )

NOTICE

#N OR7;R !OR S;RLIC; #S "R#NT;7 GJ T@IS COURT ON ____________________ +

() _____ + R;MUIRIN" T@; !OHHOIN"> [For use if an eir is re4uired to be served by publication]

TO> ________________________________________________________________________ [List ere all eirs avin! un0no.n addresses to be served by publication]

This is to notif, ,ou to file ob3ection+ if there is an,+ to the Petition to Probate ill inSolemn !orm+ in this Court on or before ____________________________________ + () _____ .

BE NOTIFIED FURTHER > #ll ob3ections to the Petition must be in writing+ setting

forth the grounds of an, such ob3ections. #ll ob3ections should be sworn to before a notar, public or before a probate court cler0+ and filing fees must be tendered with ,our ob3ections+

unless ,ou *ualif, to file as an indigent part,. Contact probate court personnel for the re*uired

amount of filing fees. If an, ob3ections are filed+ a hearing will be 4held on

_____________________ + () _____ 5 4scheduled at a later date5. If no ob3ections are filed+ the

Petition ma, be granted without a hearing.

#ddress


Telephone Number

"PCS! % 911: ;ff.


14/18


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF )

) ________________________________, ) ESTATE NO. _____________

DECEASED )

CERTIFICATE OF SER!ICE

I certif, that I ha/e on this date mailed+ unless otherwise noted+ in an en/elope withthe proper postage affiBed thereto for first'class mail deli/er, copies of the

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________ ______________________________ to the following parties at the addresses below>

This _____ da, of ________ , () _____.

"PCS! % 91(: ;ff.


15/18


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF )

) __________________________________, ) ESTATE NO. _____________

DECEASED )

ORDER ADMITTING WILL &AND CODICIL&S)) TO PROBATE IN SOLEMN FORM

#n alleged Hast ill and Testament dated _____________________________________

4and Codicil4s5 dated ________________________________________ 5 wasEwere propounded.

_____________________________________________________________ wasEwere nominated

Personal Representati/e4s5 b, the Testator. The Court finds that the 7ecedent died domiciled

within+ or domiciled outside the State of "eorgia but owning propert, within+ the abo/e Count,.

The Court further finds that all of the heirs at law were ser/ed or ac0nowledged ser/ice. TheCourt further finds that no ob3ection has been filed+ and all re*uirements of law ha/e been

fulfilled. The Court further finds that the propounded ill 4is self'pro/ing5 4has been pro/ed b,

one or more witnesses5.

#CCOR7IN"HJ+ IT IS OR7;R;7 that the ill dated __________________________

4and the Codicil4s5 dated ______________________________________ 5 isEare established asthe Hast ill and Testament of the 7ecedent 4?the 7ecedents illA5 that the ill be admitted to

record as pro/en in Solemn !orm and+ that the nominated ;Becutor4s5 named abo/e hasEha/e

lea/e to *ualif, as Personal Representati/e4s5 b, ta0ing the re*uired oath+ after which HettersTestamentar, shall issue. The Cler0 shall ser/e the Personal Representati/e4s5 with copies of this

Order and the Hetters upon *ualification.

IT IS !URT@;R OR7;R;7 that the Personal Representati/e4s5 shall disburse all

propert, according to the terms of the 7ecedents ill and shall maintain all records of income

and disbursements until discharged b, Order of this Court.

IT IS !URT@;R OR7;R;7 that> [initial if applicable]

______ 4a5 #n in/entor, shall be filed.

______ 4b5 #nnual returns shall be filed.

______ 4c5 Hetters of Testamentar, Conser/atorship shall issue to

_________________________________________________________________ .

SO OR7;R;7 this _______ da, of ________________ + () ____ .


16/18


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF )

) __________________________________, ) ESTATE NO. _____________

DECEASED )

LETTERS TESTAMENTARY4Relie/ed of !iling Returns5

#t a regular term of Probate Court+ the Hast ill and Testament dated

______________________________ 4and Codicil4s5 dated ____________________________ 5

of the abo/e named 7ecedent+ who was domiciled in this Count, at the time of his or her death

or was domiciled in another state but owned propert, in this Count, at the time of his or her

death+ was legall, pro/en in Solemn !orm to be the 7ecedents ill and was admitted to record

b, order+ and it was further ordered that ____________________________________________ +

named as ;Becutor4s5 in said ill+ be allowed to *ualif,+ and that upon so doing+ Hetters

Testamentar, be issued to such ;Becutor4s5.

T@;R;!OR;+ the said ;Becutor4s5+ ha/ing ta0en the oath of office and complied with all

necessar, prere*uisites of the law+ isEare legall, authori8ed to discharge all the duties and

eBercise all powers of ;Becutor4s5 under the ill of said 7eceased+ according to the 7ecedents

ill and the law.

"i/en under m, hand and official seal+ the ____ da, of _________________ + () ____ .

6"178 1e follo.in! must be si!ned if te

9ud!e does not si!n te ori!inal of

tis document8


"PCS! % 91-: ;ff.


17/18


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF ))

__________________________________, ) ESTATE NO. _____________

DECEASED )

LETTERS TESTAMENTARY4Not Relie/ed of !iling Returns5

#t a regular term of Probate Court+ the Hast ill and Testament dated

________________________________ 4and Codicil4s5 dated __________________________ 5

of the abo/e named 7ecedent+ who was domiciled in this Count, at the time of his or her death

or was domiciled in another state but owned propert, in this Count, at the time of his or her

death+ was legall, pro/en in Solemn !orm to be the 7ecedents ill and was admitted to record

b, order+ and it was further ordered that ____________________________________________ +

named as ;Becutor4s5 in said ill+ be allowed to *ualif,+ and that upon so doing+ Hetters

Testamentar, be issued to such ;Becutor4s5.

T@;R;!OR;+ the said ;Becutor4s5+ ha/ing ta0en the oath of office and complied with all

necessar, prere*uisites of the law+ isEare legall, authori8ed to discharge all the duties and

eBercise all powers of ;Becutor4s5 under the ill of said 7eceased+ according to the 7ecedents

ill and the law and isEare hereb, re*uired to render a true and correct in/entor, of all propert,+

both real and personal+ and an, and all debts of the estate+ and ma0e a return of them to this

Court+ and further+ to file a proper annual return or final return with this Court each ,ear within

siBt, 4)5 da,s of the anni/ersar, date of appointment until the ;Becutorship is full, discharged.


6"178 1e follo.in! must be si!ned if te 9ud!e does not si!n te ori!inal of

tis document8


"PCS! % 91%: ;ff.


18/18


COUNTY OF _______________________

STATE OF GEORGIA

IN RE: ESTATE OF )

) __________________________________, ) ESTATE NO. _____________

DECEASED )

LETTERS OF TESTAMENTARY CONSER!ATORSHIP OF MINOR [1o be completed only in te event a 1estamentary Conservator is named in te 2ill]

TO> ________________________________________________ + Testamentar, Conser/ator4s5

R;> ________________________________________________ + 6inor

________________________________________________ + 7ate of Girth

Pursuant to the Hast ill and Testament 4and Codicil4s55+ of the abo/e'named 7ecedent+

,ou ha/e been appointed Testamentar, Conser/ator4s5 of the 6inors propert,. Jou ha/e

assented to this appointment b, ta0ing ,our oath. In general+ ,our duties as Testamentar,

Conser/ator are to protect and maintain the propert, of the 6inor and utili8e the 6inors

propert, solel, for the benefit of the 6inor. Consult ,our attorne, if ,ou ha/e an, *uestions.

T'e(e Leer( *+ Te(-er/ C*(er0*r('i1 e-1*2er 'e 3*0e Te(-er/

C*(er0*r&() * '*4, +*r 'e Mi*r, *4/ 1r*1er/ 2'i5' 1((e 'r*u6' 'e e(e *+ 'e

3*0e -e De5ee.


6"178 1e follo.in! must be si!ned if te

9ud!e does not si!n te ori!inal of

tis document8


petition to probate will in solemn form georgia. probate form 5

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