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2018 Georgia Code 15-9-88 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-9-88 Case Law from Google Scholar Amendments to OCGA 15-9-88

TITLE 15 COURTS

Section 9. Probate Courts, 15-9-1 through 15-9-158.

ARTICLE 4 TIME, PLACE, AND PROCEDURE

15-9-88. Objections or caveats to order.

All objections or caveats to an order sought shall be in writing and verified, setting forth the grounds of such caveat.

(Orig. Code 1863, § 4016; Code 1868, § 4045; Code 1873, § 4116; Code 1882, § 4116; Civil Code 1895, § 4256; Civil Code 1910, § 4814; Code 1933, § 24-2107; Ga. L. 2018, p. 356, § 1-31/SB 436.)

The 2018 amendment, effective July 1, 2018, inserted "and verified" in the middle of this Code section.

JUDICIAL DECISIONS

When burden of proof shifts to caveators.

- Once the propounder of a will establishes a prima facie case, the burden of proof shifts to the caveators to prove the grounds of their caveat. Bryan v. Norton, 245 Ga. 347, 265 S.E.2d 282 (1980).

Law is silent as to any necessity vel non that caveat be sworn; the sole statutory requirement is that it be written. Glad v. Scott, 187 Ga. App. 748, 371 S.E.2d 271 (1988).

Cited in Financial Bldg. Consultants, Inc. v. American Druggists Ins. Co., 91 F.R.D. 62 (N.D. Ga. 1981); Deering v. Keever, 282 Ga. 161, 646 S.E.2d 262 (2007).

Cases Citing O.C.G.A. § 15-9-88

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Williams v. the Stats, 315 Ga. 498 (Ga. 2023).

Cited 12 times | Published | Supreme Court of Georgia | Feb 7, 2023

...However, the superior court later denied injunctive relief following an evidentiary hearing. 3 under the Home Rule Paragraph, and even if such authority existed, the County’s caveat was not verified as required under Georgia law. See OCGA § 15-9-88 (In probate court, “[a]ll objections or caveats to an order sought shall be in writing and verified, setting forth the grounds of such caveat.”). That same day, February 8, 2022, Judge Sweatt also issued an order granting the Electors’ Petition (the “Referendum Order”)....
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Deering v. Keever, 646 S.E.2d 262 (Ga. 2007).

Cited 12 times | Published | Supreme Court of Georgia | Jun 11, 2007 | 282 Ga. 161, 2007 Fulton County D. Rep. 1813

...[1] At a hearing before the probate court, Keever moved to dismiss Deering's filed objection as amended on the basis that: her initial objection of October 6, 2004 did not specify sufficient legal grounds for the objection to be deemed a caveat; and, as such, it *264 was not a valid caveat under OCGA § 15-9-88; thus, the initial objection essentially did not exist and could not be amended outside the ten-day period provided for under OCGA § 53-11-10 which began to run when Deering was served; the ten-day period expired on October 6, 2004; and,...
...ial objection did not set forth a legally sufficient reason as to why the will should not be admitted to probate, there was thus nothing to amend, and to allow the amendments to stand would be tantamount to allowing the late filing of a caveat. OCGA § 15-9-88, one of the statutes setting forth procedure in probate courts, reads: "All objections or caveats to an order sought shall be in writing, setting forth the grounds of such caveat." There is no dispute that the failure to specifically name...
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Kale v. Wilson, 668 S.E.2d 729 (Ga. 2008).

Cited 4 times | Published | Supreme Court of Georgia | Oct 27, 2008 | 284 Ga. 536, 2008 Fulton County D. Rep. 3351

...Appellant contends that the probate court erred in denying his oral motion to dismiss the petition based on an allegedly unfulfilled condition precedent. However, "[a]ll objections or caveats to an order sought shall be in writing, setting forth the grounds of such caveat." OCGA § 15-9-88....
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Tudor v. Bradford, 709 S.E.2d 235 (Ga. 2011).

Cited 1 times | Published | Supreme Court of Georgia | Mar 25, 2011 | 289 Ga. 28, 2011 Fulton County D. Rep. 931

...could have amended her caveat on appeal in the superior court "as to *239 any issue which could have been raised in the [probate court]," Payne v. Payne, 229 Ga. 822(1), 194 S.E.2d 458 (1972), the amendment had to have been made in writing. See OCGA § 15-9-88 ("[a]ll objections or caveats to an order sought shall be in writing, setting forth the grounds of such caveat")....

Camden Cnty. v. Sweatt, Judge (Ga. 2023).

Published | Supreme Court of Georgia | Feb 7, 2023 | 289 Ga. 28, 2011 Fulton County D. Rep. 931

...etermining that there is no legal authority for filing an objection to a petition filed by electors under the Home Rule Paragraph, and even if such authority existed, the County’s caveat was not verified as required under Georgia law. See OCGA § 15-9-88 (In probate court, “[a]ll objections or caveats to an order sought shall be in writing and verified, setting forth the grounds of such caveat.”). That same day, February 8, 2022, Judge Sweatt also issued an order granting the Electors’ Petition (the “Referendum Order”)....