§ 53-3-9 - (Pre-1998 Probate Code) Probate of will in common form -- Procedure; effect; petition; verification; self-proved will or codicil signature and execution presumptions
O.C.G.A. 53-3-9 (2010)
53-3-9. (Pre-1998 Probate Code) Probate of will in common form -- Procedure; effect; petition; verification; self-proved will or codicil signature and execution presumptions
(a) In the case of probate in common form, a will may be proved and admitted to record upon the testimony of a single subscribing witness and without notice to anyone. Such probate and record is not conclusive upon anyone interested in the estate adversely to the will and, if afterward set aside, does not protect the executor in any of his acts further than the payment of the debts of the estate. Purchasers under sales from him, legally made, will be protected, if bona fide and without notice.
(b) The petition to probate a will in common form shall be verified by the oath of the applicant and shall set forth the same information required in a petition to probate a will in solemn form. The petition shall conclude with a prayer for the issuance of letters testamentary.
(c) If a will or codicil is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed for such instrument without the testimony of any subscribing witness.