Probate is the process of validating a will and giving an executor (personal representative) the authority to settle the estate. In Georgia, a will may be submitted for probate in either “common” or “solemn” form for validation. The primary difference between the two involves notice to the heirs and how firmly the proceeding establishes the will’s validity.
Common form is usually faster and requires less notice, while solemn form provides greater protection against future challenges. The choice can have significant consequences for an executor and the beneficiaries.
Speed versus certainty
When a will is offered for probate in common form, the executor is generally not required to provide advance notice of the proceedings to the deceased’s heirs. That’s a quicker process that can be useful when the family of the deceased is united and no challenges are expected.
However, an order admitting a will in common form is not immediately binding on heirs who did not receive notice. An heir may generally challenge the will up to four years after it is admitted to probate (with different rules possible for minors and those who are disabled).
Probate in solemn form requires notice to all of the deceased person’s heirs before the will can be accepted and the remaining process begins. This means the people who would inherit under Georgia intestacy law must receive notice even if they are not named as beneficiaries in the will. Each heir must then be given an opportunity to examine the will and make an objection, if they have one. If none are made, the court may then admit the will in solemn form.
Solemn form may be the safer choice when substantial assets are involved, someone was disinherited or other family conflict is likely because it generally prevents heirs from raising challenges later.
Probate is an intricate process with a lot of rules that must be carefully followed. Legal guidance can make it easier to navigate the steps and keep the probate process in motion.