Probate of Will in Solemn Form
Notice Rules
- Notice must be given to all the heirs at law of the decedent.
- If any heirs are Georgia residents, they must be personally served by the sheriff's office of
the county in which they reside, unless the petitioner asks the Court in the written petition to
serve the heirs by certified mail in lieu of personal service.
- Alternatively, the heirs may waive formal service and notice by filing a written and notarized Acknowledgment of Service (p.7
on Standard Form #5). This method is much less expensive than having a deputy sheriff deliver
the notice personally, and somewhat less expensive than certified mail costs.
- Heirs living outside of the state must be served by the Probate Court by certified
mail unless they have signed an acknowledgment of service which is duly notarized.
- Additional fees will apply and be due at the time of filing the petition for all service by certified mail.
- Notice must be published in the county newspaper if the identities or addresses of any heirs are not
known. A separate payment for this publication will be due at the time of filing the petition, payable to the newspaper
The information on this page is based on a brochure originally prepared by The Hon. Marion
Guess, Judge of the Probate Court of DeKalb County, and students at the Georgia State University
College of Law.
