PROBATE COURT OF [ INSERT GEORGIA COUNTY HERE ] COUNTY

STATE OF GEORGIA
IN RE: ESTATE OF

[ INSERT GEORGIA COUNTY ], )

DECEASED

)
)
)
)
___________________________________ )

ESTATE NO. [ INSERT ]

)
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 Solemn Form (Petition),
seeking to Probate the purported Last Will and Testament of [ INSERT THE NAME OF
THE DECEASED HERE ] (Decedent and/or Testator), dated [ INSERT THE DATE
OF THE PROPOUNDED LAST WILL AND TESTAMENT HERE] dated [ INSERT
THE DATE OF THE PROUNDED WILL IF YOU KNOW IT THE DATE. ]
(HEREINAFTER THE 20[___] Will).
2.
Caveator is the [ INSERT YOUR RELATIONSHIP TO THE DECEASED. FOR
EXAMPLE natural son and sole heir OR only living niece and sole heir (whatever is
appropriate ) ] of Decedent and accordingly has standing to bring this Caveat.

3.
The [ (20___) Will ], purportedly executed [ INSERT FORMAL OBJECTION
CONCERNING WHY THE WILL IS INVALID OR SHOULD NOT BE PROBATED.]
For example, and it is not a complete list:
The Will was not attested correctly according to law; that is, one of the required
witnesses is missing or that witness was not qualified to witness the will in question;
The formalities of the Will were not followed;
The document propounded is not a Last Will and Testament (is may be missing
necessary language);
One or more of the witnesses was incompetent at the time the Will was witnessed
(this may also disqualify the self-proving affidavit, if one is presented for Probate);
The Testator was unduly influenced to make the Will propounded;
The Testator was unduly influenced to insert certain bequest and/or legacies in the
Will, which were not the intent of the Testator;
The Testator was incompetent to make a Will at the time it was attested;
The Testator was insane or incompetent at the time he or she signed it;
The Testator was so weak and infirm that the Testator could not have known what
was in the Will at the time he or she signed it;
The Testator was an accomplished physician/or CEO/or skilled musician
(whatever) and the shaky and illegible signature shows that the Testator did not know
what he or she was signing at the time it was attested;

The will was revoked by tearing or burning or was revoked by a will that was
executed AFTER the date of the propounded Will and thus the propounded Will is not the
final Last Will and Testament of the Testator;
[ If you have other or different reasons the Will cannot be the final Will, insert
them here. ]
4.
Caveator objects to the probate of the Purported Will in that, at the time of
execution, [ INSERT THE REASONS HERE ] [ FOR EXAMPLE IS A STATEMENT IN
ANOTHER FORM ] Decedent, a literate man/woman, was suffering from an incapacity
such that he/she was unable to sign his own name, and that he/she also was unable to
understand the character of his/her property and his/her relation to the natural objects of
his/her bounty, was not aware of the consequences of his/her actions and was without
sufficient capacity to execute the Purported Will.
5.
The requirements of the law that This Honorable Court determine and enforce the
valid testamentary intent of Decedent requires a thorough investigation into this
[ 20(__) ] Last Will and Testament.
6.
Caveator [ YOU THE PERSON PREPARING THIS PLEADING ARE THE
CAVEATOR ] contends that the purported Will is not a valid expression of Decedents
wishes for disposition of his property.
WHEREFORE, Petitioner/CAVEATOR seeks an Order of this Honorable Court:
(a)

Denying the admission of the [20(__)15] Will to Probate;

(b)

Require that Propounder produce to this Court any and all other prior or
subsequent Wills of the Decedent that are within his possession or control;

(c)

[ IF YOU HAVE OTHER CLAIMS SUCH AS STATED ABOVE,

INSERT THEM HERE ];

(d)

Issue an order denying the issuance of Letters Testamentary to

Propounder;

(e)

Setting this matter for six monthsii discovery;

(f)

That all interested parties be served with this Caveat;

(g)

That Caveator be reimbursed all expenses, including reasonable attorneys

fees, incurred in bringing this action;

(h)

Setting this matter for Trial by Jury; and

(i)

Granting such other relief as this Honorable Court deems fair and just.

Respectfully submitted this ____ day of _____________, 20[ ____ ].

____________________________
[ Insert your name address
And telephone number including
Email here. This assumes you are
Answering this Pro Se without
An attorney ]

PROBATE COURT OF [ INSERT GEORGIA COUNTY HERE ] COUNTY

STATE OF GEORGIA
IN RE: ESTATE OF

[ INSERT GEORGIA COUNTY ], )

DECEASED

)
)
)
)
___________________________________ )

ESTATE NO. [ INSERT ]

)
PETITION TO PROBATE WILL
IN SOLEMN FORM
TRIAL BY JURY DEMANDED

CERTIFICATE OF SERVICE
I hereby certify that I have this _______ day of ____________, 20 [____], caused
a copy of the foregoing CAVEAT to be served on all counsel of record, or unrepresented
heirs, by mailing same in the United States mail, postage prepaid, [ if there is an efiling
requirement at the time of the use of this Certificate of Service, please refer to the efiling
compliance in this pleading also] addressed as follows:
[ Insert the name address of the person filing Probate Form 5 and
telephone number including email here. This assumes you are answering
this Pro Se without an attorney. If an attorney filed the Caveat for
Propounder, then list the attorneys name, address, telephone number and
email here instead of the Propounder. Even if you are Pro Se you serve
the attorney, not the Propounder. ]

[ Insert your name address

And telephone number including
Email here. This assumes you are
Answering this Pro Se without
An attorney ]

You must make a demand for jury trial in your initial response or it is waived. You may waive it later in the case, if you do
not want a jury trial. There are, statistically, very few jury trials in Georgia Probate Courts. They exist and are allowed, but
are rare.
ii

Rural Probate Courts (Georgia Counties with less than 100,000 population) have, upon information and belief, two (2)
months of discovery unless extended by Order.