O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-9-88 (2019)

Objections or caveats to order

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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All objections or caveats to an order sought shall be in writing and verified, setting forth the grounds of such caveat.

History

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.

Annotations

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).

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1988–2023 · leading case: Deering v. Keever, 646 S.E.2d 262 (Ga. 2007).
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Deering v. Keever, 646 S.E.2d 262 (Ga. 2007). · cites it 4× “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 was not a valid…”
Williams v. Stats, 315 Ga. 498 (2023). · cites it 2× “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.”
Kale v. Wilson, 668 S.E.2d 729 (Ga. 2008). · cites it 2× “” OCGA § 15-9-88. Because Appellant failed to raise the objection of an unfulfilled condition precedent in writing, either in the caveat or an amendment to it, the probate court did not err in refusing to sustain such objection.”
Tudor v. Bradford, 709 S.E.2d 235 (Ga. 2011). · cites it 4× “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, 883 S.E.2d 827 (Ga. 2023). · cites it 2× “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.”
Glad v. Scott, 371 S.E.2d 271 (Ga. Ct. App. 1988). · cites it 4× “Two of the other five siblings, with the written and notarized consent of the remaining three, filed a caveat, pursuant to OCGA § 15-9-88, stating the grounds for their opposition to the appointment of the two applicants, and nominating in their stead appellant Waymond Scott and…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.