Caveat to a Last Will and Testament Georgia
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Transcript of Caveat to a Last Will and Testament Georgia
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PROBATE COURT OF [ INSERT GEORGIA COUNTY HERE ] COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF ) ESTATE NO. [ INSERT ]
)
[ INSERT GEORGIA COUNTY ], )
DECEASED ) PETITION TO PROBATE WILL
) IN SOLEMN FORM
)
) TRIAL BY JURY DEMANDEDi
___________________________________ )
CAVEAT
COMES NOW, [ INSERT YOUR NAME OR NAMES HERE ]
(“Caveator(s)”), and shows the Probate Court as follows:
1.
(“Propounder”), filed his Petition to Probate Will in Solen !or (“Petition”),
see"in# to Probate the purported $ast Will and %estaent of [ &'S% %* '+ -!
%* C+S * / (“e0edent” andor “%estator”), dated [ &'S% %* +%
-! %* P-P-2' $+S% W&$$ +' %S%+'% */ dated [ &'S%
%* +% -! %* P-2' W&$$ &! 3-2 4'-W &% %* +%. /
(*&'+!% %* “56[777/ Will”).
5.
Caveator is the [ &'S% 3-2 $+%&-'S*&P %- %* C+S. !-
8+P$ “natural son and sole heir” - “onl9 livin# nie0e and sole heir” (whatever is
appropriate ) / of e0edent and a00ordin#l9 has standin# to brin# this Caveat.
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.
%he [ (56777) Will /, purportedl9 e;e0uted [ &'S% !-+$ - W*3 %* W&$$ &S &'?+$& - S*-2$ '-%
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%he will was revo"ed b9 tearin# or burnin# or was revo"ed b9 a will that was
e;e0uted +!% the date of the propounded Will and thus the propounded Will is not the
final $ast Will and %estaent of the %estator@
[ &f 9ou have other or different reasons the Will 0annot be the final Will, insert
the here. /
.
Caveator obDe0ts to the probate of the Purported Will in that, at the tie of
e;e0ution, [ &'S% %* +S-'S * / [ !- 8+P$ &S + S%+%'% &'
+'-%* !- / e0edent, a literate anwoan, was sufferin# fro an in0apa0it9
su0h that heshe was unable to si#n his own nae, and that heshe also was unable to
understand the 0hara0ter of hisher propert9 and hisher relation to the natural obDe0ts of
hisher bount9, was not aware of the 0onseAuen0es of hisher a0tions and was without
suffi0ient 0apa0it9 to e;e0ute the Purported Will.
E.
%he reAuireents of the law that %his *onorable Court deterine and enfor0e the
valid testaentar9 intent of e0edent reAuires a thorou#h investi#ation into this
[ 56(77) / $ast Will and %estaent.
F.
Caveator [ 3-2 %* PS-' PP+&'> %*&S P$+&'> + %*
C+?+%- / 0ontends that the purported Will is not a valid e;pression of e0edentGs
wishes for disposition of his propert9.
W*!-, PetitionerC+?+%- see"s an -rder of this *onorable Court:
(a) en9in# the adission of the [56(77)1E/ Will to Probate@
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(b) eAuire that Propounder produ0e to this Court an9 and all other prior or
subseAuent Wills of the e0edent that are within his possession or 0ontrol@
(0) [ &! 3-2 *+? -%* C$+&S S2C* +S S%+% +
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PROBATE COURT OF [ INSERT GEORGIA COUNTY HERE ] COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF ) ESTATE NO. [ INSERT ]
)[ INSERT GEORGIA COUNTY ], )
DECEASED ) PETITION TO PROBATE WILL
) IN SOLEMN FORM
)
) TRIAL BY JURY DEMANDED
___________________________________ )
CERTIFICATE OF SERVICE
& hereb9 0ertif9 that & have this 7777777 da9 of 777777777777, 56 [7777/, 0aused
a 0op9 of the fore#oin# CAVEAT to be served on all 0ounsel of re0ord, or unrepresented
heirs, b9 ailin# sae in the 2nited States ail, posta#e prepaid, [ if there is an efilin#
reAuireent at the tie of the use of this Certifi0ate of Servi0e, please refer to the efilin#
0oplian0e in this pleadin# also/ addressed as follows:
[ &nsert the nae address of the person filin# Probate !or E and
telephone nuber in0ludin# eail here. %his assues 9ou are answerin#this Pro Se without an attorne9. &f an attorne9 filed the Caveat for
Propounder, then list the attorne9Gs nae, address, telephone nuber and
eail here instead of the Propounder. ven if 9ou are Pro Se 9ou servethe attorne9, not the Propounder. /
[ &nsert 9our nae address
+nd telephone nuber in0ludin#ail here. %his assues 9ou are
+nswerin# this Pro Se without
+n attorne9 /
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i 3ou ust a"e a deand for Dur9 trial in 9our initial response or it is waived. 3ou a9 waive it later in the 0ase, if 9ou do
not want a Dur9 trial. %here are, statisti0all9, ver9 few Dur9 trials in >eor#ia Probate Courts. %he9 e;ist and are allowed, but
are rare.
ii
ural Probate Courts (>eor#ia Counties with less than 166,666 population) have, upon inforation and belief, two (5)
onths of dis0over9 H unless e;tended b9 -rder.
