(B) 3

5.3.5 Location of original. All original documents, petitions and pleadings shall remain in the custody of the court except as provided by the judge, these rules, or as otherwise provided by law. 5.3.6 When documents considered filed. The filing of pleadings and other papers with the court shall be made by filing them with the clerk, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. 5.3.7 Effective date of orders. An order is effective on the date and at the time it is filed. An order may reflect an effective date prior to the time of filing if the order is signed nunc pro tunc. 5.3.8 Minutes and final record. There shall be one or more books, digital records, or microfilm records kept in accordance with OCGA § 15-9-37. After recording, the original may be destroyed according to the state retention schedule or stored off premises as provided by law. 5.3.9 Filing of transcripts. Any transcript requested by the judge shall be filed as directed by such judge, but the clerk shall not be required to record or preserve these in a bound book, electronic file, or on microfilm. See Rule 12.1 concerning appeals. 5.3.10 File categories. The categories of files to be established by the clerk shall be such that documents are reasonably accessible either on paper or in digital format. 8 5.3.11 File identification. Each matter shall be identified by year of filing, type of case and estate number. 5.3.12 Filing and electronic filing requirements. (A) Filing. Pleadings or petitions presented to the clerk for filing shall be filed only when accompanied by the proper filing fee, fee for sheriff service, or a pauper’s affidavit, and, when applicable, any forms required by law or rule to be completed by the parties. The attorney or party filing the petition shall furnish the necessary service copies. (B) Electronic filing. For electronic transmission of documents in electronic form to the court, all imaging must be in compliance with the imaging standards issued by the Judicial Council of Georgia. Filings submitted electronically shall comply with all other provisions of paragraph (A) of this rule except the manner of filing. 1. Availability. Electronic filing may be made available in probate court in conformity with statewide minimum standards and rules for electronic filing adopted by the Judicial Council of Georgia. However, special provisions are required for all matters which require special confidentiality, including, but not limited to, matters under OCGA Titles 29 or 37 and weapons carry license applications. 2. Documents that may be filed electronically. Where electronic filing is available, a document may be electronically filed in lieu of paper by the court, the clerk, and any registered filer unless electronic filing is expressly prohibited by law, these rules, or court order. Electronic filing is expressly prohibited for documents that according to law must be filed under seal or presented to a court in camera or for documents to which access is otherwise restricted by law or court order. This includes, but is not limited to, a last will and testament, a surety bond, and documents necessary for service. The original last will and testament and/or codicil of a decedent shall be filed with the probate court within ten days of any electronic filings unless otherwise authorized under OCGA § 53-4-46 or pursuant to Georgia law. The original last will and testament and/or codicil shall be filed before final order and letters testamentary will issue. The original hard copy of the surety bond shall always be filed with the court. The petitioner or the petitioner’s attorney is responsible for submitting to the court prepared documents and envelopes so that service can be perfected by the clerk in hard copy format (i.e., completed return of service for the sheriff ’s department and envelopes that are properly addressed and stamped with adequate postage). Documents to which public access is otherwise restricted by law, court order, or court rule, may be filed electronically. Once filed, access to such files shall be restricted from public access except by parties authorized by law, court order, or court rule. 3. Signatures. (a) An electronically filed document is deemed signed by the registered filer submitting the document. The filer agrees that submitting the documents electronically creates the same good faith obligations as the original signature creates on a paper document. By electronically filing the document, the filer verifies that the signatures are authentic. (b) Documents of consent and acknowledgment of the petition signed by a party other than the petitioner shall be created with a wet signature and written initials, when required, and properly notarized and sealed. These documents may be uploaded through the electronic filing system. 9 4. Electronic service. Upon filing, an electronically filed document is deemed served on all parties and counsel who have waived any other form of service by registering with the electronic filing system to receive electronic service in the case, and who receive notice via the system of the document’s filing. 5. Force and effect. Electronically filed court records have the same force and effect and are subject to the same right of public access as are documents filed by traditional means. 6. Self-represented parties. To protect and promote access to the courts, courts shall reasonably accommodate self-represented parties by accepting and then converting and maintaining in electronic form paper pleadings or other documents received from self- represented parties. 7. Procedure for handling misfiled or otherwise deficient or defective e-filings. Upon physical acceptance and review of an electronic filing and discovery that it was misfiled or is otherwise deficient or defective, a clerk shall as soon as practicable provide the filer notice of the deficiency or defect and an opportunity to cure or, if appropriate, reject the filing altogether. In any case, the clerk shall retain a record of the action taken by the court in response, including date, time, and reason. Such records shall be maintained until a case is finally concluded, including the exhaustion of all appeals. Absent a court order to the contrary, such records shall be accessible to the parties and public upon request without the necessity for a subpoena. 5.3.13 Return of service. Entry of return of service shall be made by the sheriff or other authorized person on a form provided by the clerk and filed with the clerk. 5.3.14 Advance costs. Statutory filing and associated costs shall be paid at the time of filing. 5.4 Guardians ad litem. Guardians ad litem may be nominated by parties to the case, but it remains the responsibility of the court, in its discretion, to choose an appropriate party to serve as a guardian ad litem. A guardian ad litem must either be disinterested or have an interest identical or similar to the person for whom he is appointed, but may not have an interest which could possibly conflict with the person for whom he is appointed. 5.5 Investigation of fiduciaries; criminal background information of certain nominated temporary administrators, personal representatives, conservators, or guardians. 5.5.1 Limited background check. Any person requesting appointment by a probate court in this State as temporary administrator or personal representative of an estate of a decedent or as guardian or conservator of an incapacitated adult or a minor may be required to submit to a criminal background check by allowing the probate court in which the petition seeking such appointment is pending to access the criminal records information maintained by the Georgia Crime Information Center (GCIC) with reference to such person. The actual performance of a background check shall be in the discretion of the judge before whom the proceedings are pending, and there shall be no requirement that a criminal history be obtained for every such person. In order to allow access to 10 the GCIC records, any person requesting such appointment shall, upon request by the probate court, sign a form consenting to the release of such information by the GCIC to the probate court. 5.5.2 National background check. If the person requesting appointment, or nominated for appointment, is being considered for appointment as a guardian or conservator, the probate court may require the expanded background check as authorized by O.C.G.A § 29-9-19. The use and disposition of the report shall be governed by the provisions of this Rule. 5.5.3 Use of information. Other household members. All information received by a probate court pursuant to this Rule shall be considered confidential and shall be disclosed by the probate court or its staff only as authorized by GCIC rules and regulations. Any records so obtained by a probate court shall be destroyed within thirty (30) days after the expiration of the time for filing of an appeal of the order of the probate court granting or denying such appointment; if an appeal is filed, such records shall be destroyed within thirty (30) days after the appeal is dismissed, withdrawn, or the remittitur is returned to the probate court. If deemed necessary by the probate court, all adult persons living in the household of the proposed ward may be required to undergo a criminal background check under