The probate court in Georgia requires careful preparation, including correctly filing specific forms and supporting documents. These documents will differ depending on the nature of the case and whether it’s contested or uncontested. This checklist outlines documents you may need to file, ideally with the help of a skilled probate lawyer.
Core documents for filing
Georgia probate courts require completion of applicable Uniform Probate Court Standard Forms, which are standardized documents used statewide. These forms cover a wide range of probate matters – including wills, guardianships, estate administration, and more. Only certain forms are required, depending on the nature of the case and the filings involved.
You will need the following documents at the initiation of your probate case:
- Petition for probate: Depending on the situation, file either:
- Petition to Probate Will in Solemn Form (if there is a will), or
- Petition for Letters of Administration (if there is no will)
- Original death certificate: This is required to confirm the decedent’s passing.
- Original will: If one exists, it must be submitted in its original, fully executed form.
- Marriage certificate: This document is necessary when there is a surviving spouse.
- Property deeds and titles: You will need to include any real estate, vehicles, and other titled assets.
- Financial statements: These may include bank accounts, retirement accounts, and investment portfolios.
- List of known creditors: This is required for notifying potential claimants.
Note that some local probate courts may also request supplemental documents or have specific filing preferences.
Additional documentation for contested probate cases
If the probate is contested – such as in a will challenge or fiduciary dispute – additional documentation may be required to support your claims or defense. These documents may include:
- An objection or “caveat” to contest a will: This is a formal filing stating the legal grounds for the challenge.
- Medical records of the decedent: These may be necessary to support claims of lack of testamentary capacity.
- Witness statements: These may be in the form of affidavits (sworn written statements) or depositions (sworn testimony) from individuals familiar with the decedent’s condition or circumstances.
- Expert opinions: These may also be in the form of affidavits or depositions. Depending on the nature of the dispute, experts may include medical professionals, financial experts or handwriting analysts, among others.
- Financial records: These serve as valuable evidence, especially in cases alleging undue influence or suspicious transactions.
- Communications or correspondence: Other forms of evidence may include emails, letters, or texts that may show coercion or fraud.
- Prior wills or drafts: These documents are relevant in cases challenging the validity of the current will. They may help demonstrate the testator’s true intentions or support claims of undue influence, fraud or improper execution.
- Affidavits of execution: These affidavits are from witnesses who were present when the will was signed. They are especially important in cases where the validity of the will is contested.
Additionally, proper notice must be served on all interested parties in both contested and uncontested probate cases.
The importance of legal guidance
Probate can be complicated, especially when disputes arise or documentation is incomplete. Many steps in the process involve specific timing requirements and procedural rules. Working with a skilled Georgia probate attorney is essential for avoiding missteps and thoroughly documenting your case.
