Probate of Wills

Probating Process

An individual who dies, also called a decedent, and who has a will is said to have died testate. The will is usually offered for probate by the individual who is named in the will as the executor. The process of probating a will is the formal process by which the Probate Court determines a document has been proved to be the last will and testament of the decedent and officially appoints the executor or some other person to handle the distribution of the decedent’s property. Even if the will is not going to be probated, anyone who is in possession of the will of an individual who has died must bring the will to the Probate Court for filing.

Filing the Original Signed Will

The will is probated in the Probate Court of the county in which the decedent was domiciled at death. In order to probate the will, the executor should file the original signed will and, in most cases, Georgia Probate Court Standard Form #5 - Petition to Probate Will in Solemn Form. The Standard Forms are available at the courthouse or online at the official statewide Probate Court website.

Notice of the Petition to Probate the Will in Solemn Form must be given to all the heirs of the decedent. In Part 3 of Standard Form #5, the petitioner must fill in the names, ages, and addresses of the heirs of the decedent.

For More Information

You may call the Probate Court at 770-830-5840 if you have any procedural questions concerning this matter. Questions of a legal nature must be directed to an attorney.