Georgia > Statewide > Probate Court
Petition For Years Support GPCSF 10 - Georgia
| Petition For Years Support 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 Year's Support INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a petition for year's support pursuant to O.C.G.A. §53-3-1 et seq. The amount set apart shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the testator or intestate, for a period of 12 months, taking into consideration the following: (1) the support available to the individual for whom the property or money is to be set apart, from sources other than year's support, including but not limited to any separate estate and earning capacity of that individual; and (2) such other relevant criteria as the court deems equitable and proper, including the solvency of the estate. This petition must be filed within 24 months after decedent's death. The Petitioner or his/her/their attorney must prepare and file with the Court, no later than the date of the Final Order, a Georgia Department of Revenue Form PT-61 for each parcel of real property located in the State of Georgia shown on Exhibit "A. Exhibit "B" requires that a definitive statement be made to show to the court that all of the heirs of the decedent are named herein 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." Exhibit "B" also requires that the Tax Commissioner be listed for each county in which there is real property owned by the decedent. 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 after 8 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 8/10 GPCSF 10 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ESTATE OF ) ) ,) ) ESTATE NO. COUNTY PETITION FOR YEAR'S SUPPORT DECEASED TO THE HONORABLE JUDGE OF THE PROBATE COURT: The Petition of First Middle Last Name , , shows that: 1. whose mailing address is The petitioner is: A. The surviving spouse. B. A guardian or other individual acting on behalf of the surviving spouse or minor child(ren) (state specific relationship): . 2. The decedent, (State full street address of decedent, including County of domicile) , whose domicile was , 20 3. . departed this life on (Initial one:) A. B. C. D. There is not a Will. There is a Will, which has been offered for probate. There is a Will, which will be offered for probate. There is a Will, which will not be offered for probate but is attached to this Petition or is on file with this Court. 4. The decedent's estate consists of real and/or personal property of the probable value of dollars. Effective 8/10 -1- GPCSF 10 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 5. Petitioner shows that the following named minor child of said decedent , to wit: , Name of Minor Child D.O.B. Name, Address of Parent or Guardian , Name of Minor Child D.O.B. Name, Address of Parent or Guardian , Name of Minor Child D.O.B. Name, Address of Parent or Guardian , Name of Minor Child D.O.B. Name, Address of Parent or Guardian , Name of Minor Child D.O.B. Name, Address of Parent or Guardian and (Full Name of Surviving Spouse, if applicable) (is) (are) entitled, before the payment of debts of the decedent, to an allowance called Year's Support, which petitioner hereby claims for the individual(s) named above. 6. A schedule of the property or a statement of the amount of money or both which the petitioner proposes to have set aside to the individuals listed in paragraph 5. above as year's support is attached hereto as "Exhibit A" and made a part hereof. 7. (Select "A" or "B", and strike inapplicable words:) A. (There is no executor or administrator of this estate) (The petitioner is the executor or administrator of this estate) and therefore petitioner has set forth below by affidavit marked "Exhibit B" and made a part hereof a list of all interested persons, who must be mailed a copy of the notice not less than 21 days prior to the deadline shown in the notice by which objections, if any, must be filed. (is) (are) the acting executor(s) or administrator(s) of this estate and must receive 21 days' notice by mail as described above. Note: "Exhibit B" is not required. B. Effective 8/10 -2- GPCSF 10 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 8. In addition to all taxes and tax liens on real property accrued for years prior to the year of the decedent's death, petitioner elects to have property taxes on any real property set apart as year's support divested as follows: (must select one) 1. 2. 3. Real property taxes accrued in the year of decedent's death; Real property taxes accrued in the year in which this petition is filed; or Real property taxes accrued in the year following the filing of this petition if this petition is filed in the year of the decedent's death. 9. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. WHEREFORE, petitioner prays: 1. 2. 3. That this petition be accepted and filed. That notice issue and be published and served as described above. That any interested person who is a minor or an incapacitated adult have a guardian ad litem appointed for him or her, except for any minor child of decedent on whose behalf this petition has been filed by a guardian who is not the spouse of the decedent. That this Court grant such other and further relief as it deems proper under the circumstances. 4. Signature of peti
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