Disclaimer: This article provides general information about Georgia probate procedures and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
1. Confirm Court Jurisdiction and Case Status
In Georgia, probate matters—including will admissions and administration petitions—are handled by the superior court in the county where the decedent last resided. First, check with the court clerk whether a hearing date already exists. You can often view the docket in person or by online portal.
2. Draft and File a Motion or Petition to Set Hearing
If no hearing is scheduled, prepare a motion titled “Motion to Set Probate Hearing.” Include the case caption, case number (if assigned), your name and role (petitioner or applicant), and a concise request for a date and time for hearing. File the motion with the clerk of superior court and pay any applicable filing fee.
3. Serve Notice of Hearing on Interested Parties
Georgia law requires that all interested parties receive notice of the hearing. Under O.C.G.A. § 53-6-30, you must serve each heir, devisee, and creditor at least seven days before the hearing. Service typically occurs by first-class mail to the last known address. For electronic filing counties, you may also email if the court permits.
Link: O.C.G.A. § 53-6-30
4. Coordinate with the Court Clerk to Schedule a Date
After filing your motion, contact the probate clerk to request an available hearing date. Many Georgia clerks maintain published calendars. Identify a date that complies with statutory notice deadlines and confirm the time, courtroom, and any virtual hearing log-in instructions.
5. Prepare and File Proof of Service
Once you serve notice, complete a Proof of Service form indicating how and when each party received notice. File this proof with the clerk at least three days before the hearing. This document evidences that you met O.C.G.A. notice requirements.
6. Attend the Probate Hearing
On the scheduled date, arrive early with originals of your filed motion, notice, and proof of service. Be prepared to explain the relief you seek. The judge will review testimony, any objections, and then set the matter for a hearing or enter an order immediately.
Link: O.C.G.A. § 53-6-20
Helpful Hints
- Review local superior court probate rules for filing deadlines and hearing procedures.
- Use the standard Superior Court Domestic Relations and Probate forms when available.
- Keep a complete court file copy, including stamped notices and proof of service.
- Confirm whether the court permits virtual attendance or requires in-person hearings.
- Consult the probate clerk for fee schedules and any mandatory mediation requirements.