Types of Petitions | Cobb County Georgia (2024)

Solemn Form Probate requires that all heirs be notified and becomes binding on all parties immediately upon the entry of the final order. Heirs may or may not be the same as beneficiaries under the will. The notice requires anyone having legal cause to object or contest the alleged will to do so before a certain deadline. The original will must be filed with proof of proper execution. Heirs must be served or acknowledge service. The court will appoint a guardian-ad-litem for any minor or incapacitated heir.

Common Form Probate is a procedure that may be done without notice to heirs but does not become binding for at least four years after an executor is appointed. This filing requires the original will and proof of proper execution. Heirs and others may institute an action to challenge the will four years or more after probate.

Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed If there is a will but the named Executor is unable or unwilling to serve, an Administrator with Will annexed must be appointed. Any nominated executor still living must sign declination, or there must be testimony that the executor is unable to serve. A majority of the beneficiaries may select the Administrator. The court will appoint a guardian-ad-litem for any minor or incapacitated heir.

Permanent Administration requires that all heirs must be notified. A surviving spouse or sole heir is entitled to serve as Administrator, unless disqualified. Administrators must post bond, file inventories, returns, and vouchers unless all heirs consent to waive those requirements and the matter is published for four weeks. Heirs may consent to grant additional powers and authority as well.

No Administration Necessary If all debts of the decedent have been paid or creditors consent or do not object after notice, and there is no other need for formal administration, and if all heirs have agreed on the division of the estate, this proceeding may be appropriate. All heirs must sign an agreement that disposes of entire estate between the heirs. A court order will finalize the agreement of the party.

Year’s Support may be filed only by a surviving spouse or someone for minor children of the decedent. The petition asks that specified property be awarded to the spouse and/or minor children. Notice must be given to “interested persons.” An award may take precedence over any disposition by the Will and certain taxes may be divested by the award of year’s support.

Petition to enter Safe Deposit Box This proceeding is usually filed when a Will is believed to be in a safe deposit box prior to the creation of an estate. It permits the bank to open, examine, and inventory the contents of the box in the presence of the petitioner. If a Will is found, the bank must deliver it to the Probate Court. Insurance policies may be delivered to named beneficiaries. The petitioner may only receive burial instructions and any deed to a burial plot. Other property must remain in the box until an Executor or Administrator is appointed.