Petition for Probate of Will and for Letters Testamentary - Georgia

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Georgia probate courts use the statewide standard form GPCSF 5 (Petition to Probate
Will in Solemn Form) for this proceeding, pursuant to O.C.G.A. § 53-5-20 et seq. This
template provides the substantive legal content to help you prepare — but you must
transfer your content to the official form before filing. The current GPCSF 5 form and
instructions are published by the Council of Probate Court Judges of Georgia and are
available through the Georgia Supreme Court at
https://www.gasupreme.us/probate-court-standard-forms/ and through your county probate
court. Do not file this document directly with the court in place of GPCSF 5.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE PROBATE COURT OF [COUNTY] COUNTY, STATE OF GEORGIA

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Jurisdiction and Venue
5. The Will Offered for Probate
6. Beneficiaries Under the Will and Heirs at Law
7. Nomination and Qualification of Executor
8. Bond
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Estate No.: [____________________________________]

Petition to Probate Will in Solemn Form (O.C.G.A. § 53-5-20)

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Georgia [ZIP CODE]
County of Residence: [COUNTY]
Telephone: [________________________] Email: [________________________]
Capacity: Petitioner is the Executor nominated in the Last Will and Testament of the Decedent.
Relationship to Decedent: [RELATIONSHIP]

☐ Petitioner is a propounder of the Will named as Executor therein.
☐ Petitioner is an interested person seeking probate and the appointment of the nominated Executor.

3. DECEDENT INFORMATION

4. JURISDICTION AND VENUE

a. The Decedent died domiciled in [COUNTY] County, Georgia. Venue and jurisdiction over the probate of the Will are proper in this Court pursuant to O.C.G.A. § 53-5-1, which vests jurisdiction in the probate court of the county of the Decedent's domicile at the time of death. (Admission of the Decedent to a hospital, nursing home, or similar facility shall not be presumed to have changed the Decedent's domicile.)

b. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].

☐ The Decedent also executed [____] codicil(s), dated [__/__/____] (and [__/__/____]), which are offered for probate together with the Will.

c. Petitioner seeks probate of the Will in solemn form under O.C.G.A. § 53-5-20, with notice to all heirs at law, so that the order admitting the Will to probate shall be conclusive upon all parties served with or acknowledging notice.

d. ☐ No prior petition for the probate of this Will or any other purported will of the Decedent has been filed in this or any other court.
☐ The Decedent's will was previously probated in common form on [__/__/____], and Petitioner now seeks probate in solemn form.

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered for probate is the Last Will and Testament of the Decedent, dated [__/__/____], consisting of [____] pages, together with any codicil(s) described above (collectively, the "Will").

b. Original lodged with the Court. The original Will is in the possession of and accompanies this Petition, to be filed with and retained by the Court.
☐ The original Will is already on deposit with this Court.
☐ The original Will is lost or destroyed; Petitioner proceeds under O.C.G.A. § 53-4-46 and states its contents in the attached statement, with facts to overcome the presumption of revocation.

c. Execution. The Will was signed by the Decedent (or by another at the Decedent's direction and in the Decedent's presence) and was attested and subscribed in the presence of the Decedent by two or more competent witnesses, in compliance with O.C.G.A. § 53-4-20.

d. Self-proving status (O.C.G.A. § 53-4-24):
☐ The Will is self-proved. It bears the affidavit of the Testator and the attesting witnesses, made before a notary public in substantially the form prescribed by O.C.G.A. § 53-4-24(b). A self-proved will may be admitted to probate without the testimony of any subscribing witness, per O.C.G.A. § 53-4-24(c).
☐ The Will is not self-proved. Probate must be supported by the testimony or interrogatories of at least one attesting witness (GPCSF Supplement 6 — Interrogatories to Witness to Will).

e. Attesting witnesses to the Will:

f. The Will has not been revoked and was, to the best of Petitioner's knowledge, the valid Last Will and Testament of the Decedent in full force at the time of death.

6. BENEFICIARIES UNDER THE WILL AND HEIRS AT LAW

a. Beneficiaries (devisees and legatees) named in the Will:

b. Heirs at law entitled to notice. Probate in solemn form requires service of notice on all the heirs of the Decedent determined under O.C.G.A. § 53-2-1, whether or not they are beneficiaries under the Will (O.C.G.A. § 53-5-22). The following are all the heirs at law, and there are no other heirs of the same or a closer degree:

c. ☐ One or more heirs/beneficiaries are not sui juris; Petitioner requests appointment of a guardian ad litem under O.C.G.A. § 53-11-2 (GPCSF Supplement 1).

d. ☐ Each heir has executed an Acknowledgment of Service and Assent to the appointment, sworn before a notary public or clerk of a probate court (attached).

7. NOMINATION AND QUALIFICATION OF EXECUTOR

a. The Will nominates [PETITIONER / NOMINEE FULL LEGAL NAME] to serve as Executor of the estate.

b. Priority. A personal representative nominated by the Will, or nominated under a power conferred by the Will, has the first priority for appointment, and the Court gives effect to the testator's nomination consistent with O.C.G.A. Title 53, Chapter 6. (The order of statutory preference set out in O.C.G.A. § 53-6-20 governs administration where there is no qualified executor named in the Will.)

c. Not disqualified. Petitioner is sui juris, of sound mind, and is not otherwise disqualified from serving as Executor. Petitioner is willing to accept the trust, will take the oath of personal representative (GPCSF Supplement 4), and will faithfully discharge the duties of the office.

d. ☐ If the nominated Executor predeceased the Decedent, declines, or is disqualified, Petitioner requests issuance of Letters of Administration with the Will Annexed under GPCSF 7 / GPCSF 8 and O.C.G.A. § 53-6-20.

8. BOND

a. Will provision. Petitioner requests that bond be addressed in accordance with O.C.G.A. §§ 53-6-10 and 53-6-50:

☐ The Will directs that no bond be required of the Executor. Petitioner requests that bond be waived in accordance with the express terms of the Will (O.C.G.A. § 53-6-10).
☐ Petitioner will furnish bond in an amount fixed by the Court (O.C.G.A. § 53-6-50; GPCSF 21).

b. Powers. Petitioner requests:
☐ Recognition of powers and relief from inventories or returns expressly provided by the Will and applicable law.
☐ After appointment, the Executor will consider whether to file GPCSF 32 for prospective waiver of bond, waiver of reports or statements, and/or grant of powers under O.C.G.A. § 53-12-261.

Form note: GPCSF 32 is expressly for an executor or administrator who has already been appointed, and any relief granted on that form is not retroactive. Do not attach it as a concurrent substitute for the initial GPCSF 5 petition.

Estimated value of the estate (for bond/fee purposes): $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

a. Order service of notice on all heirs at law as required by O.C.G.A. § 53-5-22, and set the matter for hearing as appropriate;

b. Receive and file the original Will (and any codicil) lodged herewith;

c. Admit the Will (and any codicil) of the Decedent to probate in solemn form;

d. Find that the Decedent died testate and that the Will is the valid Last Will and Testament of the Decedent;

e. Appoint Petitioner as Executor of the estate of the Decedent;

f. Direct that Letters Testamentary be issued to Petitioner upon qualification and the taking of the oath;

g. Fix bond in an appropriate amount, or waive bond as directed by the Will or as consented to by the heirs;

h. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], the Petitioner named above, swear or affirm under penalty of perjury that I have read the foregoing Petition, that I am authorized to make this verification, and that the facts stated herein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Georgia.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Sworn to and subscribed before me this [____] day of [____________], [______].

______________________________________
Notary Public / Clerk of Probate Court
My commission expires: [__/__/____]
(SEAL)

11. CERTIFICATE OF SERVICE / NOTICE

Notice of probate in solemn form (O.C.G.A. § 53-5-22): Notice of this Petition, together with a copy of the Petition and of the Will (and any codicil), was served on all heirs of the Decedent and on any beneficiaries/propounders of any other purported will for which proceedings are pending. Personal service was made on resident parties whose identities and whereabouts are known at least 30 days before the date set for probate, except where service of notice was waived or acknowledged. Service on non-residents or unknown parties was made in accordance with Chapter 11 of Title 53 (O.C.G.A. § 53-11-1 et seq.), including by publication where authorized.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Georgia Bar No.: [________________] (if attorney)
Firm / Address: [________________________________]
Telephone: [________________________] Email: [________________________]

12. ATTACHMENTS CHECKLIST

☐ Official Form GPCSF 5 (Petition to Probate Will in Solemn Form) — completed and signed
☐ Original Last Will and Testament (and any codicil) of the Decedent
☐ Certified copy of the Death Certificate
☐ Self-proving affidavit (O.C.G.A. § 53-4-24) — if the Will is self-proved
☐ Interrogatories to Witness to Will (GPCSF Supplement 6) — if the Will is not self-proved
☐ Acknowledgments of Service / Assent and Consent of heirs (GPCSF Supplement 3), if obtained
☐ Bond of Executor (GPCSF 21), if bond is required
☐ Oath of Personal Representative (GPCSF Supplement 4)
☐ Appointment of guardian ad litem / Supplement 1, if any party is not sui juris
☐ Proposed Order admitting the Will to probate in solemn form
☐ Proposed Letters Testamentary
☐ Filing fee payment

After appointment, use GPCSF 32 only if the appointed personal representative seeks prospective waiver of bond, waiver of reports or statements, and/or grant of certain powers.

SOURCES AND REFERENCES

• O.C.G.A. § 53-5-1 — Jurisdiction; venue in county of domicile.
• O.C.G.A. § 53-5-15 — Common form and solemn form of probate.
• O.C.G.A. §§ 53-5-20 to 53-5-22 — Probate in solemn form; conclusiveness; service of notice (30-day rule).
• O.C.G.A. § 53-4-20 — Execution and attestation of wills.
• O.C.G.A. § 53-4-24 — Self-proved will or codicil; statutory affidavit.
• O.C.G.A. § 53-6-20 — Selection or appointment of personal representative.
• O.C.G.A. §§ 53-6-10, 53-6-50 — Bond of personal representative; waiver by will or by heirs.
• O.C.G.A. § 53-2-1 — Determination of heirs at law.
• Georgia Probate Court Standard Form GPCSF 5 — https://www.gasupreme.us/probate-court-standard-forms/