Georgia > Statewide > Probate Court
Petition For Order Declaring No Administration Necessary GPCSF 9 - Georgia
| Petition For Order Declaring No Administration Necessary Form. This is a Georgia form and can be used in Probate Court Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
Petition for Order Declaring No Administration Necessary INSTRUCTIONS I. Specific Instructions 1. This form is to be used when filing a petition for order declaring no administration necessary, pursuant to O.C.G.A. §53-2-40 et seq. O.C.G.A. §53-2-40(b) no longer requires that all heirs must be sui juris. O.C.G.A. §53-11-2 provides that a party to a probate proceeding who 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. O.C.G.A. §53-2-40(c) provides that the personal representative of a deceased heir is authorized to agree to the division of property. A signed original agreement setting out the heirs' agreed upon distribution of the estate must be attached to the petition. Paragraph 3 requires that a definitive statement be made to show to the court that the persons named in paragraph 2 constitute all of the heirs of the decedent and that there are no heirs of the same or closer degree 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." The attached form consists of 12 pages. 2. 3. 4. 5. 6. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court. Effective 7/09 GPCSF 9 American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM PETITION FOR ORDER DECLARING NO ADMINISTRATION NECESSARY GEORGIA, COUNTY To the Honorable Judge of the Probate Court of said State and County: The Petition of _____________________________________________, whose mailing address is , Street respectfully shows to the Court the following: City State Zip 1. _____________________________________________________________, whose domicile First Middle Last Name was _____________________________________________________________________________ died Street City County State intestate (without a will) on , 20______. Petitioner is an heir of the decedent. 2. Listed below are all of the decedent's heirs, with the age or majority status, domicile and relationship to the decedent set opposite the name of each: Name Age (or over 18) Address Relationship ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ Effective 7/09 1 GPCSF 9 American LegalNet, Inc. www.FormsWorkFlow.com 3. Make a definitive statement which will show to the court that those persons named in Paragraph 2 constitute all of the heirs of the decedent all of the heirs of the decedent 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 provide any additional information concerning the personal representative of any now deceased heir, the guardian of any incapacitated adult heir, and any information relative to whom the court should appoint as guardian, if one is needed, in this proceeding: 4. The decedent owned the following described personal property in this state (include identifying account numbers, serial numbers, etc., where applicable): 5. The decedent owned the following described real property in this state (insert complete legal description and street address, if any): 2 American LegalNet, Inc. www.FormsWorkFlow.com 6. As to the estate of said decedent's: (Initial any and all which apply) A. B. The estate of decedent owes no debts. The estate of decedent owes no debts, except that there is an outstanding security deed held by (complete name(s) address(es) including zip codes must be provided for each creditor so listed) , who must be properly served in this matter unless such holder has consented in writing below to the petition. The estate of decedent owes no debts, except to such creditor(s) as have consented in writing to the petition, as shown on the consent below. The estate of decedent owes no debts, except the creditor(s) (complete name(s) address(es) including zip codes must be provided for each creditor so listed) are listed immediately below who have not consented in writing and must be served as provided by law: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ C. D. 7. The heirs have amicably agreed upon a division of the estate among themselves as shown by the written agreement attached hereto containing original signatures of all heirs, attested to by a notary public or probate court clerk. 8. To the knowledge of the petitioner, no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state. WHEREFORE, petitioner prays that this Court issue and serve any notice required by law in such matters, and that after ascertaining the legal sufficiency for granting this petition, this Court grant an Order that no administration is necessary in this estate, all as provided by law. Signature of Attorney (or petitioner if pro se) Address: Signature of Attorney (or petitioner if pro se) Address: Telephone Number: State Bar #: Effective 7/09 Telephone Number: State Bar #: GPCSF 3 American LegalNet, Inc. www.For
|
|||||||
