Probate and Administration

Form: Heirs Determination WorksheetForm: Heirs Determination Worksheet

Form: Heirs Determination Worksheet

When you file a Petition to Probate a Will or for Letters of Administration, you must give notice to the…

3 years ago
Form: Affidavit When Will is not Self-Proved and Witnesses Cannot Be LocatedForm: Affidavit When Will is not Self-Proved and Witnesses Cannot Be Located

Form: Affidavit When Will is not Self-Proved and Witnesses Cannot Be Located

In Georgia, a Will must be self-proved or the witnesses to the Will must either sign written witness interrogatories or…

3 years ago
Form: Affidavit of Diligent SearchForm: Affidavit of Diligent Search

Form: Affidavit of Diligent Search

When you file a Petition to Probate a Will or a Petition for Letters of Administration in Georgia, you must…

3 years ago
Form: Will for Information Purposes OnlyForm: Will for Information Purposes Only

Form: Will for Information Purposes Only

In Georgia, anyone in possession of an original Will after the Will-maker's death, must file it with the appropriate Probate…

3 years ago

In Terrorem Clauses are Strictly Construed

In In Re Estate of Penland, 357 Ga. App. 369 (2020), the probate court found that James Ray and Eloise…

3 years ago

Probate Court erred when it imposed fine of more than $19,000 for contempt

In In re Estate of Butler, 356 Ga. App. 287 (2020), Anita Butler filed a petition to probate her father's…

3 years ago

Appeal Route From Article 6 Probate Court is to Court of Appeals

In Spence v. Dep't of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed…

3 years ago

Conservator/County Administrator appointed ex-officio administrator of ward’s estate

In In re Estate of Brown, 357 Ga. App. 869, 850 S.E.2d 503 (2020), the Fulton County Probate Court appointed…

3 years ago

Common Law Marriage: Court finds Wife was not a “Wife”

By statute, Georgia law provides that "No common-law marriage shall be entered into in this state on or after January…

3 years ago

Executor Is Subject to Probate Court’s Authority While Serving

In In re Estate of Cornett, 357 Ga. App. 310 (2020), Sarah Cornett was appointed successor Executor over the Will…

3 years ago