Forms for Probate Court; Local Alteration

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  6. Forms for Probate Court; Local Alteration

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  1. The Supreme Court of Georgia is authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts. Any such rules and forms shall be in such a manner as to facilitate the use of word processing and computer technology.
  2. The rules adopted pursuant to subsection (a) of this Code section shall provide that the forms so adopted may be altered locally in a particular petition or proceeding in such items as grammar, gender usage, the use of singular and plural nouns and pronouns, the omission of optional or alternate language, the inclusion of variable information such as names and addresses, and other nonmaterial ways.
  3. The rules adopted pursuant to subsection (a) of this Code section shall provide that the forms so adopted may be altered locally in a particular petition or proceeding by making material additions or deletions, provided that:
    1. Any material additions or deletions are clearly identified;
    2. The altered form is accompanied by the certificate of an attorney licensed to practice law in this state stating that the form, as altered, complies with the standard form in every material respect except for the identified additions or deletions; and
    3. The altered form is accompanied by the certificate of an attorney licensed to practice law in this state stating that the form, as altered, complies with the statutory requirements relating to the matter which is submitted to probate,

      and if such conditions are satisfied, then such forms shall be filed for probate notwithstanding the material alterations.

  4. No state or local rules governing the use of forms in the probate courts shall be adopted which do not comply with the provisions of this Code section.

(Code 1981, §15-9-90, enacted by Ga. L. 2000, p. 1437, § 1.)

Cross references.

- Standard forms, Uniform Rules for the Probate Courts, Rule 21.

ARTICLE 5 PROBATE JUDGES TRAINING COUNCIL

Cross references.

- Standard forms, Uniform Rules for the Probate Courts, Rule 21.

Law reviews.

- For article, "Courts: Juvenile Justice Reform," see 30 Ga. St. U. L. Rev. 63 (2013).


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