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Petition For Letters Of Administration With Will Annexed Will Previously Probated GPCSF 8 - Georgia
| Petition For Letters Of Administration With Will Annexed Will Previously Probated 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 Letters of Administration with Will Annexed (Will Previously Probated) INSTRUCTIONS 1. Specific Instructions 1. This form is to be used in connection with a petition for letters of administration with the Will annexed (sometimes called letters of administration C.T.A.), when the Will has been previously probated pursuant to O.C.G.A. §53-6-15(b). In the event the will has not been previously probated, Form 7 Petition for Letters of Administration with Will Annexed should be used. According to Probate Court Rule 22 (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 5 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court. 2. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court. Effective 7/09 GPCSF 8 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 DECEASED PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of whose mailing address is/are 1. On First Middle , , shows: , Form. , the Last Will and Testament of , deceased, was probated Last Name in this Court in 2. Listed below are all of the beneficiaries under said Will which has been previously probated who have a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee who is not the nominated administrator with Will annexed, and whose identity and whereabouts are known or may be determined by reasonable diligence. Name Age (or over 18) Address Effective 7/09 -1- GPCSF 8 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 3. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. 4. To the knowledge of the petitioner(s), no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state. 5. Petitioner(s) further show(s) that the circumstances giving rise to the need for an administrator with the Will annexed (Will previously probated) are as follows: (Initial all which apply:) The decedent failed to name a successor Executor in the Will. The named Executor is deceased. The named Executor has renounced or declined his/her right to serve as such. Other reason a testate estate is unrepresented: 6. (The Petitioner(s)) ( entitled to be appointed Administrator(s) C.T.A. by reason of: ) is/are having been unanimously selected by the beneficiaries of the Will, which was previously probated, who are capable of expressing a choice. If the sole beneficiary is the decedent's surviving spouse, no action for divorce or separate maintenance was pending at the time of death. appointment of the proposed Administrator(s) C.T.A. named above will best serve the interest of the estate and the proposed Administrator(s) C.T.A. is/are: A beneficiary or the trustee of any trust that is a beneficiary under the Will. An eligible person as defined in O.C.G.A. §53-6-1. A creditor of the estate. The county administrator. Effective 7/09 -2- GPCSF 8 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com 7. The proposed Administrator(s) C.T.A. should be allowed to qualify without the necessity of posting bond, since only personal representatives of intestate estates and temporary administrators are normally required to post bond. See O.C.G.A. §53-6-50(a). WHEREFORE, Petitioner(s) pray(s): 1. 2. That due and legal notice of this petition be given as the law requires. That Letters of Administration with Will Annexed, Will previously probated, issue to the proposed Administrator(s) C.T.A. named above. That this Court grant such other and further relief as it deems proper under the circumstances. 3. 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 8 Petitioner 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 8 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com ACKNOWLEDGMENT OF SERVICE AND SELECTION BY BENEFICIARIES CAPABLE OF EXPRESSING A CHOICE PROBATE COURT OF COUNTY IN RE: PETITION OF FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) ON THE ESTATE OF , DECEASED. Each of the undersigned beneficiaries hereby acknowledges service of the petition referred to above, waives copies of same and all further service and notice, selects the person proposed in said petition to be Administrator with Will Annexed (Will Previously Probated) and consents to the petition. SIGNATURE(S) OF BENEFICIARIES Sworn to and subscribed before me this day of , 20 . NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires -----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . NOTARY/CLERK OF PROBATE COURT My Commi
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