Petition To Probate Will In Common Form

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition To Probate Will In Common Form is a commonly used form within Georgia. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Petition To Probate Will In Common Form

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Probate Will In Common Form:

• This form pertains to the State of Georgia

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Georgia’s Form GPCSF 4 - Petition To Probate Will In Common Form up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Georgia form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Georgia probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form GPCSF 4, take a break, and then review. Probate and estate settlement processes in GA are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form GPCSF 4 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form GPCSF 4 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition To Probate Will In Common Form to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Georgia.

5 reasons you should submit GPCSF 4 as quickly as possible:

1. The sooner you begin, the faster Georgia can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Georgia. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Georgia is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Georgia probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Georgia probate clerk or court for exact answers regarding Form GPCSF 4, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition To Probate Will In Common Form is one of the many probate court forms available for download through Atticus.

It may also be available through some Georgia probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Georgia.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form GPCSF 4 - Petition To Probate Will In Common Form f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Georgia probate court office.

Petition To Probate Will In Common Form is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Georgia-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Georgia Form GPCSF 4 - Petition To Probate Will In Common Form. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 4 [i] Eff. July 2021 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 (494 SE2d 653) (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 date of the order admitting the will to 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 petition to probate will and for letters of administration with will annexed [See GPCSF 7, Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed]. 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. If a guardian ad litem is necessary because a party is not sui juris, use GPCSF 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 deceased heir’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. [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”; and (c) “Decedent’s brother who died GPCSF 4 [ii] Eff. July 2021 previously had no other children born, adopted, living or deceased, other than listed herein.” 9. If a testamentary conservator is named in the will according to O.C.G.A. § 29-3- 5 and the decedent died leaving minor children, then the consent to serve should be completed. 10. Use GPCSF Supplement 2 if the Court determines it is appropriate to appoint a special process server. 11. Use GPCSF Supplement 3 when an additional certificate of service is necessary. 12. 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. 13. An oath must be administered by a probate judge or clerk (the oath cannot be administered by a notary public). Use GPCSF Supplement 4 for the oath. The oath is not included in this form. GPCSF 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia. 14. 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 [1] Eff. July 2021 IN THE PROBATE COURT OF _________________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) PETITION TO PROBATE WILL IN COMMON FORM The petition of ___________________________________________________________ [Full name(s) of petitioner(s)] First Middle Last whose physical address(es) is/are __________________________________________________ Street City County State Zip Code and mailing address(es) is/are _____________________________________________________ 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 ______________, 20 . 2. While alive, decedent duly made and published a last will and testament dated _________________________________________________________, (along with codicil(s) dated _________________________________________________), which is herewith offered for probate in common form as the decedent’s “will.” ____________________________ is/are named as executor(s). 3. Listed below are all of decedent’s heirs, the age or majority status, address, and relationship to the decedent set opposite the name of each: Name Age (or over 18) Address Relationship _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ GPCSF 4 [2] Eff. July 2021 4. Required: [Provide sufficient factual information to enable the Court to conclude that all of the heirs of the decedent are included and that there are no heirs of similar or closer degree according to O.C.G.A. § 53-2-1. Provide the names of any deceased heirs, the name and address of his or her personal representative, if any, and include the date of death for each. [See instructions for further clarification.] Also, state here all pertinent facts that may govern the method of giving notice to any person and that may determine whether a guardian ad litem should be appointed for any person. If any heirs listed above are cousins, grandchildren, nephews, or nieces of the decedent, indicate the deceased ancestor through whom they are related to the decedent. If any executor nominated in the will has a priority equal to or higher than the propounder but will not qualify, indicate the name and reasons.] 5. [Initial one] ________ (a) To the knowledge of the petitioner(s), no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this State or any other state. ________ (b) The probate of another purported will of the decedent is pending in the State of _______________________________, in the ___________________________ County __________________________ Court. The name(s) and address(es) of the propounder(s) and the names, addresses and ages or majority status of the beneficiaries under the other purported will to whom notice is required under O.C.G.A. § 53-5-22 (b) are listed on the attachment hereto, as “Exhibit ____,” which is expressly made a part hereof, as if fully set forth herein. ________ (c) An administration is pending in the State of ____________________________, in the __________________________ County _______________________ Court. The name and address of e a c h petitioner, and the name and address of any appointed administrator is listed on the attachment hereto, as “Exhibit ____ ,” which is expressly made a part hereof, as if fully set forth herein. GPCSF 4 [3] Eff. July 2021 6. [Initial all that apply; however, please note that this form may not be appropriate if the Petitioner(s) is/are seeking the appointment of a testamentary guardian, which requires notice to the relatives of the d ecedent’s minor child(ren) pursuant to O.C.G.A. § 29-2 -4 .] At the time of the decedent’s death, and at this time, the decedent left (a) minor child(ren) and the will names a testamentary conservator. ________ (a) The will names a testamentary conservator of (a) minor child(ren) of the decedent. At the time of the decedent’s death, he/she had (a) minor child(ren) and there is/are no court-appointed conservator(s); the following individual(s) is/are named as testamentary conservator(s) in the decedent’s w ill: Name Address _____________________________________________________________________________ _____________________________________________________________________________ ________ (b) The will names a testamentary conservator of (a) minor child(ren) of the decedent. At the time of the decedent’s death, he/she had (a) minor child(ren) and there is/are a court-appointed conservator(s), who is/are identified as follows: [If named testamentary conservator(s) and court-appointed conservator(s) are different.] Name Address _____________________________________________________________________________ _____________________________________________________________________________ Additional Data: [Where full particulars are lacking, state here the reason for any such omission.] GPCSF 4 [4] Eff. July 2021 WHEREFORE, petitioner(s) pray(s): 1. Leave to prove said will (and codicil(s)) in common form; 2. That due and legal notice be given as required by the Court; 3. That said will be admitted to record on proper proof; 4. That letters of testamentary conservatorship issue, if applicable; 5. That letters testamentary issue; and 6. That this Court order such other relief as may be proper under the circumstances. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney: ______________________________________________________ Printed Name of Attorney: ______________________________________________________ Address: ______________________________________________________ ______________________________________________________ ______________________________________________________ Telephone Number: __________________ State Bar #________________________ GPCSF 4 [5] Eff. July 2021 VERIFICATION GEORGIA, __________________ COUNTY Personally appeared before me the undersigned petitioner(s) who, after being duly sworn, state(s) that the facts set forth in the foregoing Petition to Probate Will in Common Form (and the attached exhibit(s)) are true and correct. Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature of Petitioner ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Petitioner My Commission Expires: ________________ GPCSF 4 [6] Eff. July 2021 IN THE PROBATE COURT OF _________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) TESTAMENTARY CONSERVATOR’S CONSENT TO SERVE [To be completed only in the event a testamentary conservator is named in the will] The undersigned, being 18 years of age or older, laboring under no legal disability, and being named as testamentary conservator, hereby consents to serve. I understand that once appointed, I will have the same rights, powers, and duties as set forth in O.C.G.A. § 29-3-5. Sworn to and subscribed before me this ______ day of _______________, 20_____ ____________________________________ Signature of Testamentary Conservator ___________________________________ ____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Testamentary Conservator My Commission Expires: ________________ ------------------------------------------------------------------------------------------------------------ -------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ ____________________________________ Signature of Testamentary Conservator ___________________________________ ____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Testamentary Conservator My Commission Expires: ________________ GPCSF 4 [7] Eff. July 2021 NOTICE THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVING PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE UNIFORM PROBATE COURT RULE 5.6 (A). GPCSF 4 [8] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) ORDER ADMITTING WILL (AND CODICIL(S)) TO PROBATE IN COMMON FORM An alleged last will and testament dated _____________________________________ (and codicil(s) dated __________________________________________) was/were propounded. _____________________________________________________________ was/were nominated personal representative(s) by the testator. The Court finds that the decedent died domiciled within, or domiciled outside the State of Georgia but owning property within, the above County. The Court further finds that all requirements of law have been fulfilled. The Court further finds that the propounded will (is self-proving)(has been proved by one or more witnesses). ACCORDINGLY, IT IS ORDERED that the will dated __________________________ (and the codicil(s) dated ______________________________________) is/are established as the last will and testament of the decedent (“the Decedent’s Will”); that the will be admitted to record as proven in common form; and, that the nominated executor(s) named above has/have leave to qualify as personal representative(s) by taking the required oath, after which letters testamentary shall issue. The clerk shall serve the personal representative(s) with copies of this order and the letters upon qualification. IT IS FURTHER ORDERED that the personal representative(s) shall disburse all property according to the terms of the Decedent’s Will and shall maintain all records of income and disbursements until discharged by order of this Court. IT IS FURTHER ORDERED that: [Initial all that apply] ______ (a) An inventory shall be filed. ______ (b) Annual returns shall be filed. ______ (c) Letters of testamentary conservatorship shall issue to ______________________________________________________________ SO ORDERED this _______ day of ________________, 20____. ______________________________________ Judge of the Probate Court GPCSF 4 [9] Eff. July 2021 IN THE PROBATE COURT OF _________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) CERTIFICATE OF SERVICE I certify that I have this date mailed (unless otherwise noted) in an envelope with the proper postage affixed thereto for First-Class Mail delivery copies of the to the following parties at the addresses below: This _____ day of _______________________, 20_____. __________________________________________ Clerk of the Probate Court __________________________________________ __________________________________________ Address __________________________________________ Telephone Number GPCSF 4 [10] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) LETTERS TESTAMENTARY [Relieved of Filing Returns] At a regular term of the probate court, the last will and testament dated _____________________________ (and codicil(s) dated ____________________________), of the above-named decedent, who was domiciled in this county at the time of his or her death or who was domiciled in another state but owned property in this county at the time of his or her death, was legally proven in common form to be the decedent’s will and was admitted to record by order, and it was further ordered that ___________________________, named as executor(s) in said will, be allowed to qualify, and that upon so doing, letters testamentary be issued to such executor(s). THEREFORE, the executor(s), having taken the oath of office and complied with all the necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all the powers of executor(s) under the will of said decedent, according to the Decedent’s Will and the law. Given under my hand and official seal, the _____ day of __________________, 20____. ______________________________________________ Judge of the Probate Court The following must be signed if the judge does not sign the original of this document: Issued by: [Seal] _____________________________________ Clerk of the Probate Court GPCSF 4 [11] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) LETTERS TESTAMENTARY [Not Relieved of Filing Returns] At a regular term of the probate court, the last will and testament dated _____________________________ (and codicil(s) dated ____________________________), of the above-named decedent, who was domiciled in this county at the time of his or her death or who was domiciled in another state but owned property in this county at the time of his or her death, was legally proven in common form to be the Decedent’s Will and was admitted to record by order, and it was further ordered that ____________________________, named as executor(s) in said will, be allowed to qualify, and that upon so doing, letters testamentary be issued to such executor(s). THEREFORE, the executor(s), having taken the oath of office and complied with all the necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all the powers of executor(s) under the will of said decedent, according to the Decedent’s Will and the law and is/are hereby required to render a true and correct inventory of all property, both real and personal, and any and all debts of the estate, and make a return of them to this Court, and further, to file a proper annual return or final return with this Court each year within 60 days of the anniversary date of the appointment until the executorship is fully discharged. Given under my hand and official seal, the _____ day of _________________, 20____. ______________________________________________ Judge of the Probate Court The following must be signed if the judge does not sign the original of this document: Issued by: [Seal] _____________________________________ Clerk of the Probate Court GPCSF 4 [12] Eff. July 2021 IN THE PROBATE COURT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) LETTERS OF TESTAMENTARY CONSERVATORSHIP OF MINOR [To be completed only in the event a testamentary conservator is named in the will] TO: __________________________________________, Testamentary Conservator(s) RE: _______________________________________, Minor _______________________________________, Minor’s Date of Birth Pursuant to the last will and testament (and codicil(s)), of the above-named decedent, you have been appointed testamentary conservator(s) of the minor’s property. You have assented to this appointment by taking your oath. In general, your duties as testamentary conservator(s) are to protect and maintain the property of the minor and utilize the minor’s property solely for the benefit of the minor. Consult your attorney if you have any questions. These letters of testamentary conservatorship empower the above testamentary conservator(s) to hold, for the minor, only property that passed through the estate of the above-named decedent. Given under my hand and official seal, the ______ day of _______________, 20____. _____________________________________________ Judge of the Probate Court The following must be signed if the judge does not sign the original of this document: Issued by: [Seal] _____________________________________ Clerk of the Probate Court