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Petition By Personal Representative For Waiver Of Bond-Grant Of Certain Powers GPCSF 32 - Georgia
| Petition By Personal Representative For Waiver Of Bond-Grant Of Certain Powers Form. This is a Georgia form and can be used in Probate Court Statewide . |
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GEORGIA PROBATE COURT STANDARD FORM Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers INSTRUCTIONS I. Specific Instructions 1. This form is to be used by an administrator or executor who has already been appointed when filing a petition for waiver of bond and/or grant of certain powers pursuant to O.C.G.A. §53-7-1(b). Unanimous consent of the heirs to the administrator's petition is required, or the beneficiaries if the decedent died testate. O.C.G.A. §53-11-2 provides that a party to a probate court proceeding concerning a decedent's estate who is unborn or unknown or is not sui juris must be represented by a guardian, provided that the court may appoint a guardian ad litem or determine that the natural guardian, guardian of the person or property, or testamentary guardian has no conflict and may serve. (See GPCSF 16). For purposes of the consent required, with respect to any heir who is not sui juris, such consent may be given by such guardian. The personal representative of a deceased heir is authorized to consent on behalf of that heir. Notice must be published once a week for four weeks. The relief sought in this petition and provided in the order is not retroactive. If bond has been posted, and waiver of bond is sought for the future, check with the bonding compan(y)(ies) to obtain the necessary bond description to be placed in the petition and order and to coordinate this matter with the bonding compan(y)(ies). In the event the decedent died intestate, Paragraph 4 requires that a definitive statement be made to show to the court the persons named in paragraph 3 constitute all of the heirs of the decedent and that there are no heirs of the same or closer degrees according to O.C.G.A. §53-2-1. Provide the date of death for any deceased heirs. NOTE: If you are uncertain how to determine the heirs of a decedent, please refer to the "Heirs Determination Sheet" available from the probate court or at www.gaprobate.org. Examples of such statement would be: (a) "decedent was or was not married at the time of his death and had no children born, adopted, living or deceased, other than listed herein"; (b) "decedent had no other siblings half or whole other than those listed herein"; (c) "the decedent's brother who died previously, had no other children born, adopted, living or deceased, other than listed herein." According to Probate Court Rule 5.6 (A), unless the court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. Pages which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court. 2. 3. 4. 5. 6. 7. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court. Effective 7/11 1 GPCSF 32 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ESTATE OF , DECEASED ) ) ) ) ) COUNTY ESTATE NO. PETITION BY PERSONAL REPRESENTATIVE FOR WAIVER OF BOND AND/OR GRANT OF CERTAIN POWERS TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of duly qualified personal representative(s) of the estate of deceased, shows: 1. Petitioner(s) was/were issued letters of administration/letters testamentary concerning the abovereferenced estate by this Court on . 2. Listed below are all of the names, ages, addresses of the heirs of the decedent if he/she died intestate, and the beneficiaries listed in the decedent's Will, if he/she died testate, and relationship to decedent: Name Age (or over 18) Address Relationship _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 3. All of the heirs/beneficiaries have consented that the judge of the probate court may waive the bond and/or grant certain powers as set forth in the Consent of Heirs/Beneficiaries attached hereto. 4. In the event the decedent died intestate (without a will), make a definitive statement with sufficient factual information to enable the court to conclude that all of the heirs of the decedent are included and that there are no heirs of similar or higher degree according to O.C.G.A. §53-2-1. Provide the names of any deceased heirs and include the date of death for each. (See instructions for further clarification.) Also, state here all pertinent facts which may govern the method of giving notice to any party and which may determine whether or not a guardian ad litem should be appointed for any party. If any heirs listed above are cousins, grandchildren, nephews or nieces of the decedent, please indicate the deceased ancestor through whom they are related to the decedent. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. , , Effective 7/11 2 GPCSF 32 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 5. WHEREFORE petitioner(s) pray(s) that the Court grant the relief requested in the Consent of Heirs/Beneficiaries attached hereto. ______________________________ Signature of second petitioner, if any ______________________________ Printed Name ______________________________ Address ______________________________ ______________________________ Telephone Number ___________________________________________ ___________________________________________ ___________________________________________ ___________________________________________ State Bar #_____________ VERIFICATION GEORGIA, COUNTY Signature of first petitioner Printed Name Address Telephone Number Signature of Attorney: Typed/printed name of Attorney: Address: Telephone: Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set forth in the foregoing petition are true. Sworn to and subscribed before me this day of , 20 . ______________________________________ First Petitioner ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . ___________________________________
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