2021 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 5 - Probate
Article 2 - Common Form
§ 53-5-17. Procedure
- A will may be proved in common form upon the testimony of a single subscribing witness and without service or notice to anyone. If the will is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed without the testimony of any subscribing witness.
- The petition to probate a will in common form shall set forth the same information required in a petition to probate a will in solemn form. The petition shall conclude with a prayer for the issuance of letters testamentary.
(Code 1981, §53-5-17, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-19/HB 865.)
The 2020 amendment, effective January 1, 2021, inserted "service or" in the first sentence in subsection (a).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 113-601, are included in the annotations for this Code section.
Probate in common form may be accomplished without notice to anyone but such probate and record is not conclusive upon anyone interested in the estate adversely to the will. 1954-56 Op. Att'y Gen. p. 916 (decided under former Code 1933, § 113-601).
RESEARCH REFERENCES
Am. Jur. 2d.
- 79 Am. Jur. 2d, Wills, §§ 735, 736.
C.J.S.- 34 C.J.S., Executors and Administrators, § 378 et seq. 95 C.J.S., Wills, §§ 447 et seq, 472, 473, 536, 537. 96 C.J.S., Wills, § 785.
ALR.
- Order or decree of distribution of decedent's estate as protection of executor or administrator against claims of one not named therein who was entitled to a share of the estate, 106 A.L.R. 817.
