17:61 Examination of witnesses to wills by depositions

(a) Order for Examination of Witness

STATE OF GEORGIA
COUNTY OF ________
IN RE: PETITION TO PROBATE IN SOLEMN (OR COMMON) FORM THE LAST
WILL AND TESTAMENT OF ________ , WHO DIED TESTATE A RESIDENT OF
SAID STATE AND COUNTY.
TO THE PROBATE COURT OF ________ COUNTY, GEORGIA:
A petition having been filed to probate in solemn (or common) form the last will and
testament of ________ , who died a domiciliary of this county, said petition having been
filed by ________ , who was named executor in said will, and it being made to appear to
this court that ________ , one of the witnesses to said last will and testament is a resident
of the county of which you are probate judge, said witness residing at ________ Street,
City of ________ ; and all the heirs of the said ________ , deceased, being sui juris and
laboring under no legal disabilities, and having acknowledged service of said petition to
probate said will and having consented that said will be admitted to record upon proper
proof, and that letters testamentary thereupon issue without further delay, it is ordered as
follows:
That the Honorable ________ , Probate Judge of ________ County, Georgia, is hereby
empowered to examine the said ________ , one of the witnesses to the alleged last will and
testament of the said ________ , deceased, late of this county, to determine if said witness
is one of the attesting witnesses of the will of said deceased, to prove the signature of said
witness, and the signature of the testator and the other witness or witnesses; that the
testator was of sound and disposing mind and memory at the time he executed said will;
that said will was executed in the presence of said witness and in the presence of the
testator and the other witness or witnesses, all in order to prove said will in solemn (or
common) form so that the same may be admitted of record.
The original last will and testament (or photostatic copy of same) of the said ________ ,
deceased, is hereto attached, which said will (or photostatic copy) will be examined by you
and said witness.
This ________ day of ________ , ________ .

_________________
Probate Judge of ________
County, Georgia

(b) Notice to Witness

STATE OF GEORGIA
COUNTY OF ________
IN RE: PETITION TO PROBATE IN SOLEMN (OR COMMON) FORM THE LAST
WILL AND TESTAMENT OF ________ , WHO DIED TESTATE A DOMICILIARY OF
________ COUNTY, GEORGIA.
TO ________ , ONE OF THE ATTESTING WITNESSES TO THE LAST WILL AND
TESTAMENT OF ________ , DECEASED:
You are hereby notified that on the ________ day of ________ , ________ , beginning
at ________ o'clock,--.M., that I, the Probate Judge of ________ County, Georgia, being
the person appointed by the court in which the foregoing proceeding is pending to take
depositions as provided by law, with power to administer oaths and take testimony, and
whose office is in the courthouse of this county, will proceed to take your depositions to
determine if you are one of the attesting witnesses of the last will and testament of
________ , late of ________ County, deceased, to prove your signature and the signature
of the testator and the other witness or witnesses, and if the testator was of sound and
disposing mind and memory at the time he executed his will, and if said will was executed
in your presence and in the presence of the testator and the other witness or witnesses, in
order to prove said will in solemn (or common) form so that the same may be admitted of
record.
This ________ day of ________ , ________ .

_________________
Probate Judge of ________
County, Georgia

(c) Acknowledgment of Service of Notice

Due and legal service of the above and foregoing notice is hereby acknowledged and all
other and further service is hereby expressly waived.
This ________ day of ________ , ________ .

_______________
(Signature of Witness)

(d) Questions Propounded to Witness

Do you swear that you as well as ________ saw ________ publish this his last will and
testament (or as shown by this photostatic copy thereof), and that you subscribed the same
as a witness thereto at the special instance and request of the said ________ , and in his
presence, as did ________ (name the other witnesses), in the presence of the testator and of
each other; that the said ________ signed the same freely and voluntarily, and was at the
time of such signing, of sound and disposing mind and memory.
This ________ day of ________ , ________ .

_________________
Probate Judge of ________
County, Georgia

(e) Response of Witness

I, ________ , do swear that I, as well as ________ , saw ________ sign and publish this
paper as his last will and testament (or as shown by this photostatic copy thereof), and I
subscribed the same as a witness thereto at the special instance and request of the said
________ , and in his presence as did ________ (name the other witnesses) in the presence
of the testator and of each other; and that the said ________ signed the same freely and
voluntarily, and was at the time of such signing, of sound and disposing mind and memory.
This ________ day of ________ , ________ .

_______________
(Signature of Witness)
Sworn to and subscribed before
me, this ________ day of
________ , ________ .

_________________
Probate Judge of ________
County, Georgia

(f) Certificate
STATE OF GEORGIA
COUNTY OF ________
IN RE: PETITION TO PROBATE IN SOLEMN (OR COMMON) FORM THE LAST

WILL AND TESTAMENT OF ________ , WHO DIED TESTATE A DOMICILIARY OF

________ COUNTY.
TO THE PROBATE JUDGE OF ________ COUNTY, GEORGIA:
I hereby certify that the above and foregoing deposition was propounded by me to
________ , under oath, he being one of the witnesses of the last will and testament of
________ , deceased, late of ________ County, Georgia, and as shown by the above and
foregoing response of said witness who did swear under oath that he, as well as ________ ,
saw the said ________ , deceased, sign and publish said paper in question as his last will
and testament, and that he subscribed the same as a witness thereto at the special instance
and request of the said ________ , and in his presence, as did ________ (name the other
witnesses), in the presence of said testator and of each other; that the said ________ ,
signed the same freely and voluntarily and was at the time of said signing, of sound and
disposing mind and memory.
This ________ day of ________ , ________ .

_________________
Probate Judge of ________
County, Georgia