O.C.G.A.

O.C.G.A. § 53-5-15 (2019)

Common or solemn form

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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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Probate of a will may be in common form or in solemn form or both.

History

Code 1981, § 53-5-15, enacted by Ga. L. 1996, p. 504, § 10.

Annotations

COMMENT This section carries forward former OCGA Sec. 53-3-8. JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 113-601, are included in the annotations for this Code section. Probate in common and solemn form, procedure. - Under former Code 1933, § 113-601 a will was proved in common form by a single witness and admitted to record after it was exhibited or presented to the judge, and under former Code 1933, § 113-602 the will was proved in solemn form by all the witnesses and ordered to record, after due notice of the

proceeding to all heirs; the presentation or exhibition of the will to the ordinary (now probate judge) is necessary both in proving the will in common form and in proving the will in solemn form. Carmichael v. Mobley, 50 Ga. App. 574, 178 S.E. 418 (1934) (decided under former Code 1933, § 113-601). Caveat of will. - There is no provision of law for the caveat of a will offered for probate in common form. Abercrombie v. Hair, 185 Ga. 728, 196 S.E. 447 (1938) (decided under former Code 1933, § 113-601).

Authority of next of kin to file caveat to probate in solemn form. - Neither the mere acquiescence of next of kin in a probate in common form nor their call for proof in solemn form will preclude

them from filing a caveat to the will when offered in solemn form. Abercrombie v. Hair, 185 Ga. 728, 196 S.E. 447 (1938) (decided under former Code 1933, § 113-601).

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).

Notes of Decisions

Cited in 2 cases, 1998–2003 · leading case: Henderson v. McVay, 494 S.E.2d 653 (Ga. 1998).

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Henderson v. McVay, 494 S.E.2d 653 (Ga. 1998). · cites it 2× “5 OCGA § 53-5-15 (1997). This opinion cites the sections in Title 53 of the revised Probate Code, effective January 1, 1998.”

Brown v. Brown, 592 S.E.2d 854 (Ga. 2003). · cites it 2× “See OCGA § 53-5-15 et seq. OCGA § 53-4-20 (a).”

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.