Petition To Probate Will In Common Form {GPCSF 4}

PETITION TO PROBATE WILL IN COMMON FORM INSTRUCTIONS I. Specific Instructions 1. This form is to be used when filing a Petition to Probate Will in Common Form pursuant to O.C.G.A. § 53-5-15 et seq. 2. An Order for Probate of a Will in Common Form may be granted without service to any one, unless required by the Court. The Court may refuse to grant a Petition to Probate a Will in Common Form. (Henderson v. McVay, 269 Ga. 7 (1998).) 3. According to O.C.G.A. § 53-5-19, a Probate in Common Form is not conclusive on all parties until four years from the time of probate (or if minors, four years after said minor reaches the age of majority). 4. As set out in O.C.G.A. § 53-5-16 (b) "... probate of a will in common form does not protect the executor in any acts beyond the executor's normal duties of collecting and preserving assets ..." 5. This form should not be used in connection with a Petition to probate a copy of a will in lieu of a lost original without checking with the Court in which the Petition will be filed. 6. This form should not be used to file a combination P etition to P robate W ill and for Letters of Administration with Will Annexed [see Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed, GPCSF 7]. 7. 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. Should a guardian ad litem be necessary because a party is not sui juris, use Supplement 1. 8. 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 the same or closer degree who have not been listed. Provide the date of death of any deceased heirs and the name of the d e c e a s e d h e i r ' s 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. [NOTE: If you are uncertain how to determine the heirs of a Decedent, refer to the "Heirs Determination Worksheet" available from the Probate Court or at www.gaprobate.gov.] 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." GPCSF 4 [i] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com 9. Paragraph 6. In the event there is a Testamentary Guardian named in the Will and the Decedent died leaving minor children, then the Consent to Serve should be completed according to O.C.G.A. § 29-2-4 and/or § 29-3-5. When a Testamentary Guardian is to be appointed, Supplement 5 (Testamentary Guardianship) should be included with this Petition and the Petitioner(s) must provide full names and addresses for the minor children's adult siblings and grandparents. If there are no living adult siblings or grandparents, the Petitioner(s) must provide full names and addresses for the minor children's great-grandparents, aunts, uncles, great-aunts, or great-uncles, if any such relatives exist. If the minor children shared the same parents, the Petitioner(s) may complete one Supplement 5 for such similarly situated children. If the minor children did not share the same parents, a separate Supplement 5 must be filed for each minor. Contact the Probate Court in which the Petition will be filed for its policy as to the filing of Supplement 5 when there are multiple children. Use Supplement 2 if the Court determines it is appropriate to appoint a special process server. 10. Use Supplement 3 when an additional certificate of service is necessary. 11. Exhibits should be labeled at the bottom of each exhibit as Exhibit "A," Exhibit "B," etc. in consecutive order. The corresponding letter of each said exhibit should be inserted into the appropriate place in the form. 12. An oath must be administered by a Probate Judge or Clerk (the oath cannot be administered by a notary public). Use Georgia Probate Court Supplement 4 for the oath. The oath is not included in this form. Georgia Probate Court Standard Form 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia. 13. According to Uniform 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. All pages after the Notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party, unless otherwise directed by the Court. II. General Instructions General instructions applicable to all Georgia Probate Court Standard Forms are available in each probate court or at www.gaprobate.gov, labeled GPCSF 1. GPCSF 4 [ii] Eff. July 2016 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT OF_________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ________________________________, DECEASED ) ) ) ) ESTATE NO. _____________ PETITION TO PROBATE WILL IN COMMON FORM The Petition of ___________________________________________________________ [Full name(s) of Petitioner(s)] First Street Street City City County County Middle State State Last Zip Code Zip Code whose physical address(es) is/are __________________________________________________ and mailing address(es) is/are _____________________________________________________ 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 ______________, 20 . 2. While alive, Decedent duly made and published a Last Will and Testament dated _________________________________________________________, (along with Codicil(s) dated _____