Get the free Petition to Probate Will in Common Form - Georgia Probate Courts

PETITION TO PROBATE WILL IN COMMON FORM INSTRUCTIONS. I. Specific Instructions 1. This form is to be used when filing a Petition to Probate Will in Common.

How to fill out petition to probate will

How to fill out a petition to probate a will:

1. Gather necessary documents: Collect the original will, death certificate, and any other supporting documents such as affidavits or letters of testamentary.
2. Determine the appropriate probate court: Find out which court has jurisdiction over the estate by contacting the county clerk's office or searching online. File the petition in the correct court.
3. Download or obtain the petition form: Locate the proper form for petitioning to probate a will. This can typically be found on the court's website or obtained from the court clerk's office.
4. Fill in personal information: Provide your name, address, and contact details on the petition. Include the decedent's name, date of death, and last known address.
5. Describe the will: Indicate whether the will is self-proving or not and provide the date of execution. If it is not self-proving, ensure that it is signed by two witnesses and notarized.
6. Include details of the estate: Provide a concise description of the assets and liabilities of the estate. This may include bank accounts, real estate, debts, and other relevant information.
7. Identify interested parties: List the names and addresses of any beneficiaries mentioned in the will, as well as potential heirs who would inherit if the will is deemed invalid.
8. Appoint an executor or personal representative: Include the name and contact information of the person you are requesting to be appointed as the executor of the estate.
9. Sign and date the petition: Review the completed petition and sign it in the presence of a notary public or court clerk. Be sure to keep a copy for your records.
10. File the petition: Take the signed petition and any required filing fees to the probate court clerk's office. They will assist you with the filing process and provide any additional instructions.

Who needs a petition to probate a will?

1. The executor named in the will: If the deceased person appointed an executor to administer their estate, that person will need to file a petition to probate the will.
2. Potential beneficiaries: If you believe you may have an interest in the estate as a beneficiary named in the will, you may also consider filing a petition to probate the will.
3. Heirs-at-law: In cases where there is no valid will or if the will is deemed invalid, the heirs-at-law may need to file a petition to probate the estate and determine the distribution of assets.

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What is petition to probate will?

A petition to probate will is a legal document filed with the court to initiate the process of proving the validity of a will and administering the estate of the deceased.

Who is required to file petition to probate will?

The person named as the executor in the will or an interested party, such as a beneficiary, is required to file the petition to probate will.

How to fill out petition to probate will?

The petition to probate will must be filled out with the necessary information, such as the deceased's name, date of death, beneficiaries, and the will itself. It is recommended to seek legal advice when filling out the petition.

What is the purpose of petition to probate will?

The purpose of the petition to probate will is to have the court officially recognize and approve the will, and to appoint an executor to carry out the instructions in the will.

What information must be reported on petition to probate will?

The petition to probate will must report the deceased's name, date of death, beneficiaries named in the will, assets and liabilities of the estate, and the specific requests made in the will.