COMMISSION TO ADMINISTER OATH INSTRUCTIONS I. Specific Instructions 1. This form is to be used when the judge of the probate court who appoints an administrator, executor, guardian, or conservator desires to grant a commission to any judge or clerk of any court of record of any other state to administer the fiduciary's oath or affirmation. The form may be altered to grant the commission only to a specific judge or court if the appointing judge prefers. A commission from the county of appointment is not required in order for the fiduciary to be authorized to take the oath or affirmation before any judge or clerk of any probate court of this state. O.C.G.A. §§ 29-2-24, 29-3-24, 29-4-25, 29-5-25, 53-6-16(b), 53-6-24(b). If the oath or affirmation is made by an executor or administrator with will annexed, a certified copy of the probated will must be examined by the fiduciary at the time the oath or affirmation is taken. The oath or affirmation itself, or the attestation of the attesting official, should recite that this was done. The attestation by the official who administers the oath or affirmation should contain the date, printed name and court of the official, and the official's signature. The appropriate oath or affirmation to be taken should be provided by the judge granting the commission. 2. 3. 4. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each Probate Court, labeled GPCSF 1. GPCSF 53 1 Eff. July 2014 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT COUNTY OF _______________________ STATE OF GEORGIA IN RE: ESTATE OF ) ) ______________________________________, ) DECEDENT/MINOR/WARD. ) ESTATE NO. ___________________ COMMISSION TO ADMINISTER OATH To: Any Judge or Clerk of Any Court of Record of the State of _______________________: __________________________________________________ has been appointed by this Name of appointed individual Court as (Administrator) (Executor) (Personal Representative) (Conservator) (Guardian) of the estate of ___________________________________________________, (deceased) (minor) (incapacitated adult), and has requested to take the required oath or affirmation in your state. Pursuant to O.C.G.A. §§ 29-2-24, 29-3-24, 29-4-25, 29-5-25, 53-6-16, or 53-6-24, I hereby commission you to administer the attached oath or affirmation to said fiduciary. Please return the completed oath and attestation to this Court together with your statement of costs, if any. SO ORDERED this _________day of ________________________________, 20____. _________________________________ Judge of the Probate Court __________________ County, Georgia GPCSF 53 1 Eff. July 2014 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT COUNTY OF _______________________ STATE OF GEORGIA ) ) ______________________________________, ) DECEDENT/MINOR/WARD. ) IN RE: ESTATE OF ESTATE NO. ___________________ CERTIFICATE OF EXEMPLIFICATION I, ___________________________________, Clerk of the above-named Court, do hereby certify that the documents annexed to this Certificate and described below are true copies of originals on file and of record in this Court (list below documents included): I further certify that the within is still of full force and effect, and in witness whereof, I have hereunto set my hand and the Seal of this Court, this _____day of _____________________, 20____. __________________________________ Clerk, Probate Court ____________________________________________________________________________ I, ________________________________________, Judge of the above-named Court, do hereby certify that ___________________________________, whose name is signed to the preceding Certificate of Exemplification, is a Clerk in the said Court, duly appointed, and that full faith and credit are due to her official acts. I further certify that the Seal affixed to said Certificate is the Seal of this Court, and that the attestation thereof is in due form of law, this _____day of _____________________, 20____. __________________________________ Judge of the Probate Court _____________________________________________________________________________ I, ________________________________________, Clerk of the above-named Court, do hereby certify that ___________________________________, whose name is signed to the foregoing Certificate, is the Judge of this Court, duly elected and sworn, that the signature of said Judge is genuine, and in witness whereof, I have hereunto set my hand and affixed the Seal of said Court, this _____day of _____________________, 20____. __________________________________ Clerk, Probate Court GPCSF 53 2 Eff. July 2014 American LegalNet, Inc. www.FormsWorkFlow.com