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Petition Of Personal Representative For Leave To Sell Property GPCSF 13 - Georgia
| Petition Of Personal Representative For Leave To Sell Property Form. This is a Georgia form and can be used in Probate Court Statewide . |
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GEORGIA PROBATE COURT STANDARD FORM Petition of Personal Representative for Leave to Sell Property INSTRUCTIONS I. Specific Instructions 1. This form is to be used when a personal representative or temporary administrator petitions for leave to sell real or personal property pursuant to O.C.G.A. §53-8-13. If the petition is by a temporary administrator, this form should be altered as follows: The term "temporary administrator" should be placed wherever the term "Personal Representative" or "Administrator" appears throughout the entire form. With regard to paragraph 4 of the petition, a recent appraisal should be used if available; otherwise, a copy of the most recent ad valorem tax statement should be provided. If the appraised value or tax value is higher than the selling price, explain the discrepancy on an additional sheet, and add a reference to this in paragraph 4 of the petition. In the event the assets are to be distributed according to a will, only the beneficiaries need to be listed in Paragraph 2. In the event the Decedent died Intestate (without a will) Paragraph 2 requires that a definitive statement be made to show to the court that the person named in paragraph 1 constitutes 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." 2. 3. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court. Effective 7/09 GPCSF 13 Complete American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ESTATE OF DECEASED ) ) ,) ) ) ESTATE NO. COUNTY PETITION OF PERSONAL REPRESENTATIVE FOR LEAVE TO SELL PROPERTY TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of as duly appointed and qualified Personal Representative of the Estate of , deceased, shows: 1. Listed below or attached hereto as Exhibit 1 are all of decedent's (heirs) (beneficiaries), with the age or majority status, address and relationship to decedent set opposite the name of each: Name Age (or over 18) Address Relationship , 2. In the event the assets are to be distributed according to a will, only the beneficiaries need to be listed in Paragraph 2. In the event the Decedent died Intestate (without a will), a definitive statement must be made which will show to the court that those persons named in Paragraph 1 constitute 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.) Effective 7/09 -1- GPCSF 13 Complete American LegalNet, Inc. www.FormsWorkFlow.com 3. Petitioner(s) desire(s) to sell certain real and/or personal property of said estate. The property and the estate's interest in said property are described as follows (give metes and bounds description, and street address if known, if real property): 4. The specific purpose of said sale of said property is (check all which apply): a. to pay the debts of the estate and/or b. to make distributions to the (heirs)(beneficiaries) c. other: 5. The petitioner(s) desire(s) to sell said real and/or personal property upon the following terms and conditions [explain the proposed date, place and method of sale, including any minimum sales prices, and attach and label copies of any applicable contracts]: Attached hereto as Exhibit A is a copy of (the most recent ad valorem tax statement)(a recent appraisal) showing the current value of the property to be $ . 6. At present, the petitioner(s) has/have a bond on file in this Court in the amount of $ . The net proceeds to the estate from the sale of the subject property will be approximately $ . An additional bond in the amount of $ to cover the amount by which the net proceeds from the sale, plus the amount of personal property currently in the estate, will exceed the current bond amount will be posted prior to the deadline for objections set forth in the notice. 7. The following (heirs)(beneficiaries) are not sui juris and require the appointment of a guardian ad litem to represent their interests in this matter: Effective 7/09 -2- GPCSF 13 Complete American LegalNet, Inc. www.FormsWorkFlow.com 8. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. WHEREFORE, petitioner(s) pray(s) 1. an order directing notice be issued and served as the law requires, and 2. if no cause be shown to the contrary, your petitioner(s) be granted leave to sell said property as set forth above. Signature of first petitioner Signature of second petitioner if any Printed Name Printed Name Address Address Telephone Number Signature of Attorney: Telephone Number Typed/printed name of Attorney: Address: Telephone: State Bar # Effective 7/09 -3- GPCSF 13 Complete American LegalNet, Inc. www.FormsWorkFlow.com 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 . First Petitioner NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . Second Petitioner, if any NOTARY/CLERK OF PROBATE COURT My Commission Expires Printed Name Effective 7/09 -4- GPCSF 13 Complete American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ESTATE OF DECEASED ) ) ,) ) ) ESTATE NO. COUNTY PETITION OF PERSONAL REPRESENTATIVE FOR LEAVE TO SELL PROPERTY ORDER FOR SERVICE OF NOTICE AND APPOINTING GUARDIAN AD LITEM IF NECESSARY The for
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