Petition To Probate Will In Solemn Form And For Letters Of Administration With Will Annexed

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 Solemn Form And For Letters Of Administration With Will Annexed 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 Solemn Form And For Letters Of Administration With Will Annexed

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Probate Will In Solemn Form And For Letters Of Administration With Will Annexed:

• 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 7 - Petition To Probate Will In Solemn Form And For Letters Of Administration With Will Annexed 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 7, 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 7 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 7 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 Solemn Form And For Letters Of Administration With Will Annexed 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 7 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 7, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition To Probate Will In Solemn Form And For Letters Of Administration With Will Annexed 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 7 - Petition To Probate Will In Solemn Form And For Letters Of Administration With Will Annexed 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 Solemn Form And For Letters Of Administration With Will Annexed 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 7 - Petition To Probate Will In Solemn Form And For Letters Of Administration With Will Annexed. You can use this to get an idea of the context of the form and what type of information is needed.

GPCSF 7 [i] Eff. July 2021 PETITION TO PROBATE WILL IN SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED INSTRUCTIONS I. Specific Instructions 1. 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 pursuant to O.C.G.A. § 53-6-13 et seq. 2. It is permissible, but not mandatory, to use this form in connection with a petition to probate a copy of a will in lieu of a lost original pursuant to O.C.G.A. § 53-4-46, provided that appropriate interlineations are made, and additional information is given to overcome the presumption of revocation. 3. Signatures of heirs and beneficiaries who acknowledge service must be sworn to before 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 sworn as provided above. It is not necessary that all acknowledgments appear on the same page. With regard to a power of attorney, the attorney-in-fact may acknowledge service on behalf of the grantor 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. 4. 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. 5. O.C.G.A. § 53-6-15 (b) provides that the petition shall be served on the beneficiaries of the will and the executor, if any, of any deceased executor whose death created the vacancy in the manner described in Chapter 11 of Title 53. O.C.G.A. § 53-11-3 (a). 6. 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. The same is true when service is acknowledged. This form may, but is not required to, be used where service by registered or certified mail with return receipt requested, restricted delivery, is requested by the petitioner(s) in lieu of personal service, in accordance with O.C.G.A. § 53-11-3 (e). Make appropriate changes in the order for notice, notice, and certificate of service. If petitioner(s) request(s) personal service by registered, certified, or statutory overnight delivery with return receipt requested and with delivery restricted to the addressee only and that service is unsuccessful, pursuant to O.C.G.A. § 53-11-3 (e) service must be made pursuant to O.C.G.A. § 53-11-3 (a). GPCSF 7 [ii] Eff. July 2021 7. Paragraph 4 of the petition requires sufficient factual information for the Court to conclude that those listed in paragraph 3 of the petition include each and every heir of the decedent and that there are not additional heirs of similar 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 post deceased heir is authorized to consent on behalf of that heir. O.C.G.A. § 53-7-1. When a party to a proceeding in the probate court is a post deceased heir whose estate has no personal representative, such deceased heir’s estate may be represented in the proceeding by a guardian ad litem. A person’s heirs are determined at the time of that person’s death. A close relative must be alive at the time the decedent dies to be an heir. If an heir who outlived the decedent subsequently dies, that post deceased heir must be represented by the personal representative of his or her estate or by a guardian ad litem. [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 statements 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 previously had no other children born, adopted, living, or deceased, other than listed herein.” 8. For paragraph 9 of the petition, if there is a testamentary conservator 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. When a testamentary guardian is to be appointed, GPCSF 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 GPCSF Supplement 5 for such similarly situated children. If the minor children did not share the same parents, a separate GPCSF 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 GPCSF Supplement 5 when there are multiple children. 9. Use GPCSF Supplement 2 if the Court determines it is appropriate to appoint a special process server. 10. Use GPCSF 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 GPCSF Supplement 4 for the oath. The oath GPCSF 7 [iii] Eff. July 2021 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. 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 7 [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 SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED 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 to 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 solemn form as decedent’s “will”. ____________________________ is/are named as the executor(s). 3. Listed below are all of decedent’s heirs at law, with age or majority status, address and relationship to the decedent set opposite the name of each: Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 7 [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 the same 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 or not a guardian ad litem should be appointed for any person. If any heirs listed above as heirs 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. 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 or persons who succeeded to the interest of any heir or beneficiary who died after the decedent. Name Age (or over 18) Address ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 7 [3] Eff. July 2021 6. Petitioner(s) further show(s) that the circumstances giving rise to the need for an administrator with will annexed are as follows: [Initial all that apply] ______ (a) The decedent failed to nominate an executor in the will. ______ (b) The nominated administrator has not reached age of majority. ______ (c) The nominated executor is deceased. ______ (d) The nominated executor has renounced or declined his/her right to serve as such. [Attach Renunciation as “Exhibit ____.”] ______ (e) Other reason a testate estate is unrepresented: 7. The petitioner(s) ______________________________________________ is/are entitled to be appointed administrator with will annexed 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 decedent. ______ (b) Appointment of the proposed administrator(s) with will annexed named above will best serve the interest of the estate and the proposed administrator(s) with will annexed is/are: ______ (1) A beneficiary or the trustee of any trust that is a beneficiary under the will. ______ (2) A surviving spouse and no action for divorce or separate maintenance was pending or completed at the time of the d ecedent’s death. ______ (3) An eligible person as defined in O.C.G.A. § 53-6-1. ______ (4) A creditor of the estate. [Evidence of such indebtedness is attached as “Exhibit ____.”] ______ (5) The county administrator. 8. The proposed administrator(s) with will annexed 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). GPCSF 7 [4] Eff. July 2021 9. [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 decedent’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 will: 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 _____________________________________________________________________________ _____________________________________________________________________________ 10. [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 name(s), address(es) and age(s) 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(s) and address(es) of each petitioner, and the name(s) and address(es) of any appointed administrator(s), if any, are listed on the attachment hereto, as “Exhibit ____,” which is expressly made a part hereof, as if fully set forth herein. GPCSF 7 [5] Eff. July 2021 11. Additional data: [Where full particulars are lacking, state here the reason for any such omission or any special circumstances. 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.] WHEREFORE, petitioner(s) pray(s): 1.Leave to prove said will (and codicil(s)) in solemn form; 2.That due and legal notice be given as the law requires; 3.That said will be admitted to record on proper proof; 4.That letters of testamentary conservatorship issue, if applicable; 5.That letters of administration with will annexed 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 7 [6] 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 solemn form and for letters of administration with will annexed (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 7 [7] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ACKNOWLEDGMENT OF SERVICE, ASSENT TO PROBATE WILL IN SOLEMN FORM BY HEIRS, AND SELECTION BY BENEFICIARIES The undersigned, being 18 years of age or older, laboring under no legal disability, and being an heir of the above-named decedent or a beneficiary of the purported will, hereby acknowledges service of a copy of petition to probate the will in solemn form and for letters of administration with will annexed, purported will, and notice, waives copies of same; waives further service and notice; assents to the probate of said will in solemn form instanter; and selects the administrator with will annexed nominated in the petition. Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir/Beneficiary My Commission Expires: ________________ -------------------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir/Beneficiary My Commission Expires: ________________ -------------------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ _____________________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir/Beneficiary My Commission Expires: ________________ GPCSF 7 [8] 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 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 7 [9] 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 7 [10] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ORDER FOR SERVICE OF NOTICE The foregoing petition to probate will in solemn fo rm and for letters of administration with will annexed having been filed, service is ordered as follows: [Initial all that apply] ______ Notice together with a copy of the petition and purported will (and codicil(s)) shall be served personally, or by registered or certified mail or statutory overnight delivery, as requested by the petitioner(s) pursuant to O.C.G.A. § 53-11-3, at least 30 days before the will (and codicil(s)) can be probated on the following interested parties who reside in Georgia: [If mailed, must be with return receipt requested, and restricted delivery to addressee only] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice together with a copy of the petition and purported will (and codicil(s)) shall be served by registered or certified mail, re turn receipt requested, or statutory overnight delivery pursuant to O.C.G.A. § 53-11-4, upon the following nonresident interested parties whose current residence addresses are known: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice shall be published once a week for four weeks in the legal organ of this county, before __________________, 20_____, in order to serve by publication the following interested parties whose current residence addresses are unknown: SO ORDERED this ______ day of _____________________, 20_____. ______________________________________ Judge of the Probate Court GPCSF 7 [11] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) NOTICE IN RE: Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed [Strike any paragraph if not applicable] TO: _______________________________________________________________________, [List here all interested parties who reside in Georgia to be served personally or by certified mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the petitioner(s)] This is to notify you to file objection, if there is any, to the above-referenced petition in this Court on or before the 30th day after the date you are personally served or sign the return receipt. TO: _______________________________________________________________________, [List here all interested parties having known addresses outside the continental U.S. to be served by certified or registered mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the petitioner(s)] This is to notify you to file objection, if there is any, to the above-referenced petition in this Court on or before the 30th day after _________________, 20_____ (the date of the mailing of this notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such notice is actually received by the Court within such 30 days, the deadline for the filing of any objection shall be 30 days from the date of receipt shown on such return receipt. TO: _______________________________________________________________________, [List here all interested non-resident parties having known addresses in the continental U.S. to be served by certified or registered mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by petitioner(s)] This is to notify you to file objection, if there is any, to the above-referenced p etition in this Court on or before the 30th day after ____________, 20_____ (the date of the mailing of this notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such notice is actually received by the Court within such 30 days, the deadline for the filing of any objection shall be 30 days from the date of receipt shown on such return receipt. TO: _______________________________________________________________________, [List here all interested parties having unknown addresses to be served by publication] This is to notify you to file objection, if there is any, to the above-referenced p etition, in this Court on or before _________________, 20_____. GPCSF 7 [12] Eff. July 2021 BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds of any such objections. All objections should be sworn to before a notary public or before a probate court clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. Contact probate court personnel for the required amount of filing fees. If any objections are filed, a hearing will be (held on ________________, 20_____) (scheduled at a later date). If no objections are filed, the petition may be granted without a hearing. _____________________________________ Judge of the Probate Court By: _________________________________ Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number GPCSF 7 [13] 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: _____________________________________ Clerk of the Probate Court _____________________________________ _____________________________________ Address _____________________________________ Telephone Number GPCSF 7 [14] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ORDER GRANTING PETITION TO PROBATE WILL (AND CODICIL(S)) IN SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED An alleged last will and testament dated _____________________________________ (and codicil(s) dated ________________________________________) was/were propounded. Petitioner requested that the Court appoint __________________________________ as administrator with will annexed. 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 of the heirs at law and beneficiaries under the propounded will were served or acknowledged service. The Court further finds that no objection has been filed, and 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 solemn form; and, that the person(s) named above has/have leave to qualify as personal representative(s) by taking the required oath, after which letters of administration with will annexed shall issue. The clerk shall serve the p ersonal representative(s) with copies of this o rder and the letters upon qualification. IT IS FURTHER ORDERED that the p ersonal 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 [Initial all that apply] ______ (a) An inventory shall be filed. ______ (b ) Annual returns shall be filed. ______ (c ) Letters of testamentary conservatorship shall issue to ______________________________________________. ______ (d) Letters of testamentary guardianship shall issue to ______________________________________________. SO ORDERED this ______ day of _____________________, 20_____. _____________________________________ Judge of the Probate Court GPCSF 7 [15] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) LETTERS OF ADMINISTRATION WITH WILL ANNEXED [Relieved of filing returns and/or certain powers granted at time of appointment] 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 was domiciled in another state but owned property in this county at the time of his or her death, was legally proven in (solemn form)(common form) and was admitted to record by order, and it was further ordered that ___________________________________ be allowed to qualify as administrator(s) with the will annexed, and that upon doing so, letters of administration with the will annexed be issued to said individual(s). THEREFORE, the administrator(s), having taken the oath of office and complied with all 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 deceased and of administrator(s) with the will annexed according to the decedent’s will and the law. In addition, this Court: [Initial all that apply] ______ (a) POWERS GRANTED: Grants to the personal representative(s) all of the powers contained in O.C.G.A. § 53-12-261, except the personal representative(s) shall not be authorized to bind the estate by any warranty in any conveyance or contract in violation of O.C.G.A. § 53-8-14 (a). ______ (b) REPORTS WAIVED: Grants to the personal representative(s) the specific power to serve without making and filing inventory, and without filing any annual or other returns or reports to any court. ______ (c) BOND WAIVED: Waives the specific requirement to post bond. ______ (d) STATEMENTS WAIVED: Grants to the personal representative(s) the specific power to serve without furnishing to the heirs statements of receipts and disbursements. 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 7 [16] Eff. July 2021 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) LETTERS OF ADMINISTRATION WITH WILL ANNEXED [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 was domiciled in another state but owned property in this county at the time of his or her death, was legally proven in solemn form to be the decedent’s will and was admitted to record by order, and it was (further) ordered that __________________________________________ be allowed to qualify as administrator(s) with will annexed, and that upon doing so, letters of administration with will annexed be issued to said individual(s). THEREFORE, the said administrator(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 deceased and of administrator(s) with will annexed according to the will and the law and is/are hereby required to render a true and correct inventory of all the goods, chattels, rights, and credits of said deceased, and make a return of them to this Court; and further, to file a proper annual or final return with this Court each year within 60 days of the anniversary date of appointment until the administrator(s) with will annexed is/are 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 7 [17] 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