§ 53-3-61 - (Pre-1998 Probate Code) Form and verification of petition for order vacating, setting aside, or amending earlier probate; notice - Georgia Statutes

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-3 > 53-3-61

O.C.G.A. 53-3-61 (2010)
53-3-61. (Pre-1998 Probate Code) Form and verification of petition for order vacating, setting aside, or amending earlier probate; notice

(a) The petition under Code Section 53-3-60 shall be verified by oath of the applicant and shall set forth the allegations on which the action is based and the name and address of the then acting executor or administrator with will annexed, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served under subsection (e) of Code Section 53-3-13. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary. If the then acting executor or administrator, if any, or, if none, the beneficiaries under the previously probated will are sui juris and acknowledge service of the petition and shall, in their acknowledgment, assent thereto, the relief may thereupon issue without further delay.

(b) The beneficiaries under the previously probated will shall be represented in such action by the then acting executor or administrator with will annexed, if any; and service of notice upon that administrator or executor in the same manner as provided by law for service on heirs at law under Code Section 53-3-14 shall be the equivalent of service upon such beneficiaries.

(c) If there is no then acting executor or administrator with the will annexed, such petition shall be served upon the beneficiaries (as required to be served under subsection (e) of Code Section 53-3-13) of the previously probated will, in the same manner as upon heirs at law under Code Section 53-3-14, unless all such parties assent to the petition.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-3 > 53-3-61

O.C.G.A. 53-3-61 (2010)
53-3-61. (Pre-1998 Probate Code) Form and verification of petition for order vacating, setting aside, or amending earlier probate; notice

(a) The petition under Code Section 53-3-60 shall be verified by oath of the applicant and shall set forth the allegations on which the action is based and the name and address of the then acting executor or administrator with will annexed, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served under subsection (e) of Code Section 53-3-13. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary. If the then acting executor or administrator, if any, or, if none, the beneficiaries under the previously probated will are sui juris and acknowledge service of the petition and shall, in their acknowledgment, assent thereto, the relief may thereupon issue without further delay.

(b) The beneficiaries under the previously probated will shall be represented in such action by the then acting executor or administrator with will annexed, if any; and service of notice upon that administrator or executor in the same manner as provided by law for service on heirs at law under Code Section 53-3-14 shall be the equivalent of service upon such beneficiaries.

(c) If there is no then acting executor or administrator with the will annexed, such petition shall be served upon the beneficiaries (as required to be served under subsection (e) of Code Section 53-3-13) of the previously probated will, in the same manner as upon heirs at law under Code Section 53-3-14, unless all such parties assent to the petition.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-3 > 53-3-61

O.C.G.A. 53-3-61 (2010)
53-3-61. (Pre-1998 Probate Code) Form and verification of petition for order vacating, setting aside, or amending earlier probate; notice

(a) The petition under Code Section 53-3-60 shall be verified by oath of the applicant and shall set forth the allegations on which the action is based and the name and address of the then acting executor or administrator with will annexed, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served under subsection (e) of Code Section 53-3-13. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary. If the then acting executor or administrator, if any, or, if none, the beneficiaries under the previously probated will are sui juris and acknowledge service of the petition and shall, in their acknowledgment, assent thereto, the relief may thereupon issue without further delay.

(b) The beneficiaries under the previously probated will shall be represented in such action by the then acting executor or administrator with will annexed, if any; and service of notice upon that administrator or executor in the same manner as provided by law for service on heirs at law under Code Section 53-3-14 shall be the equivalent of service upon such beneficiaries.

(c) If there is no then acting executor or administrator with the will annexed, such petition shall be served upon the beneficiaries (as required to be served under subsection (e) of Code Section 53-3-13) of the previously probated will, in the same manner as upon heirs at law under Code Section 53-3-14, unless all such parties assent to the petition.