State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-15

O.C.G.A. 53-3-15 (2010)
53-3-15. (Pre-1998 Probate Code) Affidavit of attesting witness for use in probate proceeding; fee of judge of probate court


(a) In all proceedings for the probate of a will in common or solemn form, where an attesting witness to the will resides outside the county in which the probate proceeding is being conducted, the witness may appear before the judge of the probate court of any county in this state and, after being duly sworn by the judge and upon a certified photostatic copy of the will being exhibited to the witness, the witness may execute an affidavit to be used in the probate proceedings as evidence of the attestation by the witness of the will. When so used, the affidavit shall be given the same weight as though the original will had been exhibited to the witness.

(b) The affidavit referred to in subsection (a) of this Code section shall be in substantially the following form:
State of Georgia, County of
Before me came (witness) named as a witness to the attached
writing purporting to be a certified photostatic copy of
(testator's) last will, and being duly sworn states that (witness)
at the request of (testator) and in the presence of
(testator) did attest as witness the attached writing as
(testator's) last will; that the writing was acknowledged by
(testator) as (testator's) last will; that (testator's)
signature upon the will was signed or acknowledged by (testator) in
the presence of (witness); that (testator) was at the time of
the signing or acknowledgment by (testator) and at the time of the
attestation by (witness) of sound and disposing mind and memory; and
that (testator) executed the will voluntarily.

Witness
Sworn to and subscribed
before me, this
day of , 19 .

Judge of the probate court

(c) This Code section shall not be construed as repealing any other statute prescribing a method or procedure for the taking of testimony by interrogatories or depositions but shall be construed as supplementary thereto and cumulative thereof.

(d) The taking of an affidavit as provided for by this Code section shall be sufficient for all purposes of taking the testimony of subscribing witnesses to a will in proceedings for the probate of the will, notwithstanding any other statute.

(e) The fee of the judge of the probate court for taking the affidavit provided in subsection (b) of this Code section shall be $5.00.