PROBATE PRACTICE AND PROCEDURE
PROFESSOR MARY F. RADFORD
Summer 2001
CLASS ASSIGNMENTS
(This Syllabus provides a general plan for the course. Deviations may be necessary.)
All assigned materials are available online. In addition, hard copies of the first assignment (Introduction to Probate Courts) are available in the assignment box on the third floor.
OFFICIAL CODE OF GEORGIA (OCGA):
The Georgia statutes are available at http://www.law.emory.edu/GEORGIA
(The Georgia Code is also available in the GSU Library). It would probably be helpful for you to copy or print out the assigned Code sections and bring them to class.
Probate Court Forms (GPCSF):
The Probate Court forms are available at http://www.gaprobate.org
It is sometimes difficult to access these forms, so I will also provide a link to the forms with each assignment. The forms are in Adobe Acrobat's PDF File Format. To download this free software, click here.
Probate Court Publications:
The following publications are available on the Georgia Probate Courts website, under "Probate Court Info.":
Duties of Personal Representatives: http://www.gaprobate.org
Handbook for Guardians: http://www.gaprobate.org
WEEK 1:
Monday, May 14, 2001: Introduction
Read: Introduction to Probate Courts
Gnann v. Woodall, 270 Ga. 516 (1999)
Heath v. Sims, 242 Ga. App. 691 (2000)
Wednesday, May 16, 2001: Temporary Administration
Read: OCGA §§ 15-9-31, 15-9-32, 53-2-1, 53-6-1, 53-6-30, 53-6-31
GPCSF #1 (General Instructions)
Assignment: Assignment #1: Temporary Administration
Fill Out: GPCSF #2
(This assignment will not be graded. However, you probably will benefit by trying to work on the form before we go over it in class.)
WEEK 2: Administration of Intestate Estates
Monday, May 21, 2001:
CLASS WILL MEET AT THE PROBATE COURT
Read: OCGA §§ 53-2-1 through -6, 53-6-20 through -21, 53-7-1, 53-11-2
Qualification of Personal Representatives (Ch. II in Duties of Personal Representatives)
Wednesday, May 23, 2001
Assignment: Assignment: Assignment #2: Petition for Letters of Administration
Fill Out: GPCSF # 3 and GPCSF #16
You may want to consult court brochure 3 - intestate estates before filling out the form.
WEEK 3: PROBATE OF WILLS
MONDAY, MAY 28 -NO CLASS (Memorial Day)
Wednesday, May 30, 2001
Assignment: Read OCGA Secs. 53-4-20, 53-5-1 through 53-5-3, 53-5-15 through 53-5-19, 53-5-20 through 53-5-24.
Bring to class: GPCSF #4: Probate in Common Form (This is not a graded assignment)
Monday, June 4, 2001
Assignment: Assignment #3: Probate of Will in Solemn Form
Fill out GPCSF #5 and GPCSF #6 . You will also need to view Susan's Will.
You may want to consult Court Brochure #2
Wednesday, June 6, 2001
Read:
OCGA Secs. 53-4-10 through 53-4-12
Undue Influence/Testamentary Capacity Cases
Monday, June 11, 2001
Read: OCGA Secs. 53-3-1 through 53-3-20
You may also want to consult Court Brochure # 4
Wednesday, June 13, 2001
CLASS MEETS AT DEKALB COUNTY PROBATE COURT (meet in lobby at 1:00)
1:00 Discussion with John Spears and Judge Guess on will contests.
2:00 Judge Guess will be having "show cause" hearings (claims against guardians for mismanagement, failing to file returns etc.)
NOTE: Assignment 4 (see next class) is due next Monday, but may be turned in at today's class.
Monday, June 18, 2001
Assignment: Assignment #4: Year's Support
Fill out GPCSF #10. You need not include the legal description of the real property that is required on p. 9.
Read OCGA Secs. 29-5-1 through 29-5-8
You may also want to consult Court Brochure #10 and Court Brochure #12 and the Handbook for Guardians
Wednesday, June 20, 2001
Guest Speaker: Jeryl Rosh, Dekalb County Probate Court
Monday, June 25, 2001
Assignment: Assignment #5
Fill out GPCSF #12 (only through p. 9)
Read: OCGA Secs. 29-4-1 through 29-4-4.1, 29-4-8, 29-4-10
You may also want to consult Court Brochure # 11 and the Handbook for Guardians
Wednesday, June 27, 2001
Guest speaker: Kelli Cross, Cobb County Probate Court
Assignment #6 (which includes GPCSF #29)and your final assignment are due on WEDNESDAY JULY 11, 2001, 5:00 pm
(Monday, July 2, 2001: NO CLASS)