Detailed Answer
Many states use the phrase “probate in common form” to describe an informal method of admitting a will to probate. Under that approach a will can be submitted to the probate court and admitted on its face (often with supporting affidavits) without the formal proofs that a contested hearing requires. If someone later contests the will, the court may require a more formal (or “solemn”) proof, and the initial admission can be challenged or set aside.
In Georgia, estate administration and will admission generally follow procedures set out in state law and local court rules. While some jurisdictions use the exact label “common form,” the practical effect is the same: the court can admit a will based on prima facie evidence without a full adversary trial. Whoever presents the will asks the court to admit it and to issue letters testamentary (if there is an executor named) or letters of administration (if not). Admission on prima facie evidence gives the personal representative authority to act, but a successful contest later may alter or revoke that admission.
Key points to understand under Georgia practice:
- Informal (common-form) admission vs. formal (solemn) proof: Informal admission treats the documentary evidence and sworn affidavits as sufficient to admit a will. Formal proof requires live testimony (e.g., attesting witnesses) and a hearing where the opponent can cross-examine witnesses.
- Effect of admission: When a will is admitted informally, the court typically issues letters that empower the appointed fiduciary to manage the estate. Those letters remain effective unless and until the will’s admission is set aside after a successful contest.
- Right to contest: Interested persons (heirs, beneficiaries, creditors) can file a contest asking the court to set aside the informal admission and require formal proof. The challenger must show legal grounds (e.g., lack of testamentary capacity, undue influence, fraud, improper execution).
- Burden of proof: Informal admission gives the proponent a prima facie case. A contestant seeking to revoke that admission must present sufficient evidence to trigger a formal probate hearing where the proponent must prove validity by a higher standard.
- Timing: Georgia law and local court rules set deadlines for filing probate papers and for bringing contests. If you are considering contesting an informal admission, act quickly and review the applicable deadlines with a lawyer or the clerk of court.
Georgia’s statutes and court rules govern these procedures. For the statutory framework that controls wills and estate administration in Georgia, consult the Code of Georgia (Title 53 and related provisions) and the local superior court rules. The Georgia General Assembly’s website provides the official code and is a starting point for statute text: https://www.legis.ga.gov/. For information about court structure and probate matters you can also consult the Georgia Judicial Branch: https://georgiacourts.gov/.
If you need to admit a will or to contest an admission in Georgia, consider these practical steps: prepare and file the required probate petition, assemble the original will and any witness affidavits, give notice to interested persons, and be prepared to seek formal proof if the matter is disputed. The clerk of the superior court in the county where the decedent lived handles probate filings and can point you to local filing requirements.
Disclaimer: This is general information about Georgia probate practice and not legal advice. Laws change and every case turns on its facts. Consult a licensed Georgia attorney for advice about your specific situation.
Helpful Hints
- Collect the original will, codicils, and any witness affidavits before filing. Courts prefer original documents.
- Identify all likely interested persons (named beneficiaries, heirs at law, creditors) and provide proper notice when you file.
- File promptly. Probate timelines and contest deadlines can be short; missing a deadline may forfeit rights.
- If you expect a dispute (capacity, undue influence, forgery), tell the clerk and consider requesting formal proof from the outset.
- Keep clear records of communications, funeral arrangements, and asset inventories—these often matter in contests.
- Use local resources: the county superior court clerk handles probate filings and can provide forms and procedural guidance.
- Talk to a Georgia probate attorney if the estate has significant assets, complex property, or suspected misconduct—an early consult can prevent costly mistakes.
- When searching statutes, look under the Code of Georgia (Title 53 and related chapters) for wills, probate, and administration rules. The Georgia General Assembly website is the official source for text: https://www.legis.ga.gov/.