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Petition For Letters Of Administration GPCSF 3 - Georgia
| Petition For Letters Of Administration Form. This is a Georgia form and can be used in Probate Court Statewide . |
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PETITION FOR LETTERS OF ADMINISTRATION INSTRUCTIONS I. 1. Specific Instructions This form is to be used for a petition for letters of administration pursuant to O.C.G.A. §53-6-20, et seq. 2. Use of this form is permissible, but not mandatory, in connection with a petition for appointment of a successor administrator, pursuant to O.C.G.A. §53-6-21(b). Appropriate interlineations must be made, and additional information must be given concerning the identity of the previous administrator, the reason for the vacancy in the office, and the date the office became vacant. 3. With respect to the conditions under which the judge may, pursuant to O.C.G.A.§ 53-7-1(b), waive bond and/or grant certain powers contained in O.C.G.A. §53-12-261, please note: (a) All of the heirs must consent, and (b) Notice must be published. 4. O.C.G.A. §53-11-2 provides 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. However the court may appoint a guardian ad litem or determine that the natural guardian, guardian of the person, conservator, or testamentary guardian who has no conflict may serve as guardian ad litem. (See GPCSF 16). For purposes of the consent described in paragraph 3 above, 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. 5. Paragraph 3 requires that a definitive statement be made to show that the list in Paragraph 2 includes each and every heir of the decedent, and sufficient factual information to enable the court to conclude 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." 6. 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 may be served according to law. All pages after page 8 are to be completed by the moving party, unless otherwise directed by the court. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court, labeled GPCSF 1. GPCSF 3 [1] Eff. July 2012 American LegalNet, Inc. www.FormsWorkFlow.com IN THE PROBATE COURT COUNTY OF _______________________ STATE OF GEORGIA IN RE: ESTATE OF __________________________________, DECEASED ) ) ) ) ESTATE NO. _____________ PETITION FOR LETTERS OF ADMINISTRATION The petition of __________________________________________________________, whose residence(s) is/are________________________________________________________, and whose mailing address(es)is/are________________________________________________ shows: 1. ______________________________________________________________________ First Middle Last Name whose domicile was ___________________________________________________________, Street City County State departed this life on ______________________, 20___, intestate (died without a valid Last Will and Testament). 2. Listed below are the names of all the decedent's heirs with the age or majority status, address, and relationship to decedent set opposite the name of each: Age Address Relationship (or over 18) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Name GPCSF 3 [2] Eff. July 2012 American LegalNet, Inc. www.FormsWorkFlow.com 3. Required: 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. Indicate the deceased ancestor through whom an heir is related to the decedent, when applicable. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Under the law, it is necessary that said estate be administered and __________________________________________________________________________ should be appointed Administrator(s) by reason of: (initial one) ______ a. being unanimously selected by all the heirs. (This alternative does not apply if the surviving spouse is the sole heir and an action for divorce or separate maintenance was pending at the time of decedent's death.) b. being the surviving spouse where no action for divorce or separate maintenance was pending at the time of decedent's death. c. being (an) heir(s) and not the surviving spouse. d. having been selected by a majority in interest of the heirs. e. being (an) eligible person(s) as defined by O.C.G.A
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