Overview of Petitions for Probate in Georgia
In Georgia, opening your loved one’s estate implies filing a petition for probate, which depends upon whether your loved one had a will or not.
For that reason, our petition overview has three separate sections. You will find sections for petitions available with a will, petitions available without a will, and petitions available regardless of whether there is a will.
What Is a Petition for Probate?
To check the validity of a loved one’s last will and testament and supervise the distribution of its belongings to heirs a probate process is needed.
The petition for probate is a petition filed together with the will (if the case) to initiate the probate process. Someone must file it with the corresponding county probate court.
Probate Petitions Available with a Will
If the deceased did have a will, three probate petitions may be filed. All three petitions have different purposes, but they share one main point.
The probate court’s one question to answer is whether the document submitted by the petitioner is actually the last will and testament of the deceased. The burden of proof regarding the will is carried by the petitioner. The three probate petitions which are allowed to be filed only when there is a will are:
- Petition to Probate Will in Solemn Form
- Petition to Probate Will in Common Form
- Petition for Letters of Administration with the Will Annexed
Petitions for Probate Available without a Will
If the decedent did, in fact, not have a will, two probate petitions may be filed. These petitions are also for instances when the will cannot be located or is declared invalid.
With a Petition for Letters of Administration, it is necessary that the heirs nominate someone to serve as administrator of the estate. An administrator is like an executor. However, an administrator’s powers may be limited. The probate petitions that may be filed without a will are:
Probate Petitions Available with or without a Will
There are two probate petitions that may be filed, both if there is a will and if there is not a will. Each of these probate petitions has a specific purpose. They are, however, not necessarily useful in every case. These probate petitions are:
The petition for temporary letters of administration provides a way for an heir to preserve the status quo by taking control of an estate right away. The petition for year’s support allows a surviving minor child and/or a surviving spouse of the deceased to obtain a share of the estate and obtain it before other interested parties.
These are just a few examples of common petitions that are used in the probate process. There are other petitions that may not be listed in this article. We recommend speaking with an experienced probate attorney about the correct petition for your specific situation.
Next Steps
It is important to make sure that you select the appropriate petition for the specific circumstances of the estate in question. Click on the links above to review these petitions in detail and get a better idea of what you need in your particular situation.
Need Some Advice?
If the deceased owned a business or had minor children who are under the age of 18 and are left without a surviving parent or guardian, the estate may require immediate attention. There may be other circumstances that, if left unattended, will cause significant harm.
If this is the case in your situation, you may need to obtain immediate control of the estate by filing an appropriate petition with the probate court. We’re here to help guide you through the process. Use this form to request a consultation.
