Original jurisdiction; petition and pleading requirements

(a) The probate court shall have original jurisdiction over any petition to vacate, set aside, or amend its order admitting a will to probate. (b) A petition under subsection (a) of this Code section may be brought in the probate court to vacate, set aside, or amend its order admitting a will to probate based upon: (1) Another will being entitled to be admitted to probate; (2) A codicil to the probated will being entitled to be admitted to probate; (3) Lack of jurisdiction; (4) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the petitioner; or (5) A nonamendable defect that appears upon the face of the record or pleadings. (c)(1) Any such petition based upon paragraph (1) of subsection (b) of this Code section shall be combined with a petition to probate the other will in solemn form. (2) Any such petition based upon paragraph (2) of subsection (b) of this Code section shall be combined with a petition to probate the codicil in solemn form. (3) In any such petition based upon paragraph (1) or (2) of subsection (b) of this Code section, the court shall consider the petition to probate in solemn form together with the petition to vacate, set aside, or amend; and the court shall grant relief as is appropriate with respect to each matter. (d) In any such petition based upon paragraph (5) of subsection (b) of this Code section, it is not sufficient that the pleadings fail to state a 515 53-5-50 WILLS, TRUSTS, AND ESTATES 53-5-50 claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed. History. — Code 1981, § 53-5-50, enacted by Ga. L. 1996, p. 504, § 10; Ga. L. 2020, p. 377, § 1-26/HB 865. The 2020 amendment, effective January 1, 2021, rewrote this Code section, which read: ‘‘(a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges: ‘‘(1) That another will is entitled to be admitted to probate; or ‘‘(2) That a codicil to the probated will is entitled to be admitted to probate ‘‘(b) Any such action shall be combined with a petition to probate in solemn form the other will or codicil. The court shall consider the petition to probate together with the action to vacate, set aside, or amend; and the court shall grant relief as is appropriate with respect to each matter.’’