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Petition To Probate Will In Solemn Form And For Lettters Of Administration With Will Annexed Form. This is a Georgia form and can be use in Probate Court Statewide.
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GEORGIA PROBATE COURT
STANDARD FORM
Petition to Probate Will in Solemn Form and for Letters of Administration With Will Annexed
INSTRUCTIONS
I.
Specific Instructions
1.
2.
Signatures of heirs and beneficiaries who acknowledge service must be attested by 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 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. It is not necessary that all acknowledgments
appear on the same page.
3.
II.
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 (sometimes called Letters of Administration C.T.A.) pursuant to O.C.G.A.
§53-6-13 et seq.
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. This
form also provides for a copy of the purported Will to be served upon the beneficiaries,
which, though not required by the statute, is of some practical benefit and simplifies
several parts of this form.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
Effective 7/07
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GEORGIA PROBATE COURT
STANDARD FORM
IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
)
, )
)
)
)
DECEASED
ESTATE NO.
PETITION TO PROBATE WILL IN
SOLEMN FORM AND FOR LETTERS
OF ADMINISTRATION WITH WILL
ANNEXED
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
The petition of
, whose
mailing address(es) is/are
, shows:
1.
On
,
,
First
Middle
Last Name
City
County
whose place of domicile was
Street
State
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.
3.
Listed below are all of the decedent’s heirs, with the age or majority status, address and
relationship to decedent set opposite the name of each:
Name
Age
Address
Relationship
(or over 18)
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4.
Listed below are all of the beneficiaries under said Will who have a present interest, including
but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee
who is not the nominated administrator with Will annexed, and whose identity and whereabouts are
known or may be determined by reasonable diligence.
Name
Age
(Or over 18)
Address
5.
Additional Data: Where full particulars are lacking, state here the reasons for any such omission.
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 persons
listed above as heirs are cousins, grandchildren, nephews or nieces of the decedent, please indicate the
deceased ancestor through whom they are related to the decedent. If the propounder is not an heir or a
beneficiary under the Will, state how the propounder is interested in the administration of the estate. If it
is alleged that a nominated executor has failed to qualify, state here the name and address of such
nominated executor.
6.
Petitioner(s) further show(s) that the circumstances giving rise to the need for an administrator
with the Will annexed are as follows:
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(initial all which apply:)
The decedent failed to name an Executor in the Will.
The named Executor is deceased.
The named Executor has renounced his/her right to serve as such.
Other reason a testate estate is unrepresented
.
7.
(The Petitioner(s)) (
) is/are entitled to
be appointed Administrator C.T.A. by reason of:
(initial (a) or (b) and complete (b) if initialed:)
a.
having been unanimously selected by the beneficiaries of the Will who are
capable of expressing a choice. If the sole beneficiary is the decedent’s
surviving spouse, no action for divorce or separate maintenance was pending at
the time of death of the testator.
b.
appointment of the proposed Administrator(s) C.T.A. named above will best
serve the interest of the estate and the proposed Administrator(s) C.T.A. is/are:
(i)
A beneficiary or the trustee of any trust that is a beneficiary under the
Will.
(ii)
An eligible person as defined in O.C.G.A. §53-6-1.
(iii)
A creditor of the estate.
(iv)
The county administrator.
8.
The proposed Administrator(s) C.T.A. should be allowed to qualify without the necessity of
posting bond, since only personal representatives of intestate estates and temporary administrators are
normally required to post bond. See O.C.G.A. §53-6-50(a).
9.
(initial if applicable)
As shown in paragraph 3. above, the decedent was survived by (a) minor child(ren), and:
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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
i. (initial as applicable). There is/are now a court-appointed
Conservator(s), who is/are identified as follows:
Name
Address
10.
(Initial one:)
To the knowledge of the petitioner, no other proceedings with respect to this estate are
pending, or have been completed, in any other probate court in this state.
The probate of another purported Will of the decedent is pending in this state in the
County Probate Court. The names and address(es) of
the propounder(s) and the names, addresses and ages or majority status of the
beneficiaries under the other purported Will are listed on the attachment hereto, which is
expressly made a part hereof, as if fully set forth herein.
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WHEREFORE, Petitioner(s) pray(s):
1.
That due and legal notice of this petition be given as the law requires.
2.
That the Will be admitted to probate in solemn form and to record upon proper proof.
3.
That Letters of Administration with Will Annexed issue to the proposed Administrator(s)
C.T.A. named above.
4.
That Letters of Testamentary Guardianship and/or Letters of Testamentary
Conservatorship issue, if applicable,
5.
That this Court grant such other and further relief as it deems proper under the
circumstances.
Signature of first petitioner
Signature of second petitioner if any
Printed Name
Printed Name
Address
Address
Phone Number
Phone Number
Signature of Attorney:
Typed/printed name of Attorney:
Address:
Telephone:
State Bar #
VERIFICATION
GEORGIA,
COUNTY
Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts
set forth in the foregoing petition are true.
Sworn to and subscribed before
me this
day of
, 20
.
First Petitioner
NOTARY/CLERK OF PROBATE COURT
My Commission Expires
Printed Name
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
Second Petitioner, if any
NOTARY/CLERK OF PROBATE COURT
My Commission Expires
Effective 7/07
Printed Name
-5-
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ACKNOWLEDGMENT OF SERVICE AND ASSENT TO PROBATE WILL IN SOLEMN
FORM BY HEIRS AND BY BENEFICIARIES CAPABLE OF EXPRESSING A CHOICE
PROBATE COURT OF
COUNTY
IN RE: PETITION OF
TO PROBATE THE
WILL OF
, DECEASED, IN
SOLEMN FORM, AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED.
Each of the undersigned beneficiaries hereby acknowledges service of a copy of the petition
referred to above and the purported Will, waives all further service and notice, selects the person
proposed in said petition to be Administrator with Will Annexed and consents to the petition.
Each of the undersigned heirs of the above-named decedent being 18 years of age or older, and
laboring under no legal disability, hereby acknowledges service of a copy of the petition referred to
above, purported Will, and notice, waives all further service and notice, and hereby assent to the probate
of said Will in Solemn Form without further delay.
SIGNATURE(S) OF HEIRS/BENEFICIARIES
Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
---------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
--------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
--------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
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---------------------------------------------------------------------------------------------------------------------------
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TESTAMENTARY GUARDIAN AND/OR TESTAMENTARY CONSERVATOR
CONSENT TO SERVE
GEORGIA,
COUNTY
IN RE: PETITION OF
THE WILL OF
DECEASED, IN SOLEMN FORM
TO PROBATE
,
I/We, the undersigned, being 18 years of age or older, laboring under no legal disability and
being named as Testamentary Guardian(s) and/or Testamentary Conservator(s), hereby consent to serve.
I understand that once appointed, I will have the same rights, powers, and duties as set forth in O.C.G.A.
§29-2-4 and 29-3-5.
SIGNATURE
Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Printed Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Printed Name
My Commission Expires
------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Printed Name
My Commission Expires
------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
My Commission Expires
Effective 7/07
Printed Name
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