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Petition For Determination Of Right Of Disposition Of Remains Of Decdent GPCSF 72 - Georgia
| Petition For Determination Of Right Of Disposition Of Remains Of Decdent Form. This is a Georgia form and can be used in Probate Court Statewide . |
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GEORGIA PROBATE COURT STANDARD FORM Petition for Determination of Right of Disposition of Remains of a Decedent INSTRUCTIONS I. Specific Instructions 1. 2. This form is to be used for a petition for determination of right of disposition of the remains of a decedent pursuant to O.C.G.A. §31-21-7. O.C.G.A. §31-21-7 provides that the petition may be filed by either (1) the funeral home with present custody of the remains of the decedent or (2) one of two or more persons with the same relationship to the decedent for purposes of the right to dispose of the remains as set forth in the Code Section. Notice of the filing of the petition and the hearing to be held to consider same will be as the court directs. 3. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court. Effective 7/11 1 GPCSF 72 Complete American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ) ) ) ,) ) COUNTY ESTATE NO. ___________________ PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF DECEDENT DECEDENT TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of address(es) is/are whose physical , and whose mailing address(es) is/are __________________________________________________________ shows: 1. , whose First Middle Last Name domicile was Street City County State , departed this life on , 20 . 2. Petitioner is: (initial as applicable) a. One of two or more persons with the same relationship to the Decedent for purposes of the right to dispose of the remains as set forth in O.C.G.A. §31-21-7. b. The funeral home with present custody of the remains of the Decedent. 3. There are two or more persons with the same relationship to the Decedent for purposes of the right to dispose of the remains as set forth in O.C.G.A. §31-21-7, such persons being: Name Address Relationship to Decedent _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Effective 7/11 2 GPCSF 72 Complete American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 4. There are no known persons having a higher priority pursuant to O.C.G.A. §31-21-7 to make decisions concerning the disposition of the remains of the Decedent than those listed in paragraph 3. above. 5. The Decedent: a. had an advanced directive that addressed the disposition of the principal's body and is attached as Exhibit "A" . b. did not have an advanced directive that addressed the disposition of the principal's body. If (a.) is selected please list the person(s) named as the agent Name Address Relationship to Decedent _____________________________________________________________________________________ 6. (initial as applicable) _____ a. Of those persons listed above, the following have not participated in the attempt to determine the manner of disposition of the remains by agreement: ______________________________. Reasonable efforts have been made by one or more of the others named in paragraph 3. above to notify such person(s) and seek his/her/their participation. However, Petitioner is not aware of any opposition to the decision of a majority of those participating. _____ b. Of those persons listed above, the following are currently present in this county and are accessible to petitioner for service of notice by hand delivery: _______________________________. _____ c. Of those persons listed above, the following have acknowledged service of notice of this petition and consent to the determination of the right of disposition of the remains of Decedent: _______________________________. 7. Disagreement exists among those persons named in paragraph 3. above as to the location, manner and conditions of disposition of the remains of the Decedent and/or as to the arrangement for funeral goods and services to be provided. WHEREFORE, petitioner prays; 1. Effective 7/11 that a hearing be held by the court, at a time and on a date set by the court, after such notice as the court deems reasonable and practical under the circumstances of this matter; 3 GPCSF 72 Complete American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 2. that the court determine the person to be the most fit and appropriate to carry out the right of disposition and make decisions regarding the remains of the Decedent, upon consideration of the factors set forth in O.C.G.A. §31-21-7(d)(2); and that an appropriate order issue in accordance with the court's determination of the right of disposition of the remains of the Decedent. 3. Signature of First Petitioner Printed Name Address ______________________________________ Signature of Second Petitioner, if any _______________________________________ Printed Name _______________________________________ Address _______________________________________ _______________________________________ Telephone Number ______________________________________________ _________________________________________ _________________________________________ _________________________________________ State Bar # ___________ Telephone Number Signature of Attorney: Typed/printed name of Attorney: Address: Telephone: VERIFICATION GEORGIA, COUNTY 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 . _____________________________________ Petitioner _____________________________________ Printed Name NOTARY/CLERK OF PROBATE COURT My Commission Expires __________________ Effective 7/11 4 GPCSF 72 Complete American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ) ) ) ,) ) COUNTY ESTATE NO. ___________________ PETITION FOR DETERMINATION OF RIGHT OF DISPOSITION OF REMAINS OF DECEDENT DECEDENT Acknowledgement and Consent We, the undersigned, being among those persons named in paragraph 3. of the foregoing petition, do hereby acknowledge service of notice of the filing of the petition and consent to the determ
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