State Codes and Statutes
Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-13O.C.G.A. 53-3-13 (2010)
53-3-13. (Pre-1998 Probate Code) Probate in solemn form -- Procedure; effect; petition; verification; self-proved will or codicil signature and execution presumptions; notice to and representation of propounders and beneficiaries under other purported will
(a) Probate by the witnesses, that is, probate in solemn form, is the proving of the will, after due notice to all the heirs at law and the propounders and beneficiaries under any other purported will of the testator as to which probate proceedings are pending in this state, by all witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator if the witnesses are dead, blind, incompetent, or inaccessible, and the ordering to record of the will so proved; provided, however, that only one witness shall be required to prove the will for probate in solemn form if no caveat is filed. Such probate is conclusive upon all the parties notified and upon all devisees and legatees under the will who are represented in the executor. As to heirs at law not effectively notified, probate in solemn form shall be as conclusive as if probate had been in common form.
(b) The petition to probate a will in solemn form shall be verified by the oath of the applicant and shall set forth the full name, the place of domicile, the legal residence, and the date of the death of the testator; the post office address of the petitioner; the names, ages, and addresses of the surviving spouse and of all the heirs at law, stating their relationship to the testator; and whether, to the knowledge of the applicant, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, ages, and addresses of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for the issuance of letters testamentary. If all of the heirs at law who are sui juris acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if any heirs at law who are not sui juris through and by their guardians or guardians ad litem likewise acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be admitted to record on proper proof, and letters may thereupon issue without further delay.
(c) If a will or codicil is self-proved, compliance with signature requirements and other requirements of execution is presumed for such instrument subject to rebuttal without the necessity of the testimony of any witness upon filing the will or codicil and the affidavit and certificate annexed or attached thereto.
(d) Notice shall be served on propounders and beneficiaries under any other purported will of the testator with respect to which a petition to probate is pending in this state in the same manner as provided by law for service on heirs at law.
(e) For purposes of any provision of this title relating to giving notice to beneficiaries under a purported or probated will, such notice shall be given to those of the following persons named or designated in the will whose identity and whereabouts may be determined by the petitioner in the exercise of reasonable diligence:
(1) Each beneficiary who is designated in the will to receive a present interest or power, other than a mere trust beneficiary, and who in the case of an individual is sui juris;
(2) The duly acting guardian of the property, if any, or, if none, the guardian of the person, if any, or, if none, the person having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and
(3) Each trustee.
Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous beneficiaries of the same or similar class where the value of each bequest is, or appears to be, nominal.
(f) Upon motion, the court may determine whether the interest of any beneficiary required to be notified under subsection (e) of this Code section is adequately represented, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent such beneficiary.
