Petition Of Personal Representative For Leave To Sell Property {GPCSF 13}

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. 2. 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. Also if the form is used for a Temporary Administrator, the Final Order may need to be amended, especially if the original order of appointment did not give the power to sell property. 3. With regard to Paragraph 6 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 addition, if there is a sales contract, a copy of the contract should be attached as an exhibit, labeled appropriately. 4. Signatures of heirs who acknowledge service must be sworn to before a notary public or the Clerk of any Probate Court of this State. It is not necessary that all acknowledgments appear on the same page. An attorney at law may acknowledge service on behalf of an heir; however, the attorney must certify that he or she currently represents that heir with regard to the pending matter and, in order to comply with O.C.G.A. § 53-11-6, the attorney's signature must be sworn to as provided above. With regard to a power of attorney, the attorney-in-fact may acknowledge service on behalf of the grantor of the power, provided that the power of attorney grants such authority, the signature of the attorney-in-fact is attested, a copy of the power of attorney is attached, and the attorneyin-fact certifies that the copy is a true copy and is still in effect. It is not necessary that all acknowledgments appear on the same page. 5. 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, conservator, or testamentary guardian has no conflict and may serve. Should a guardian ad litem be necessary because a party is not sui juris, use Supplement 1. 6. 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 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. The Personal Representative of a deceased heir is authorized to consent on behalf of that heir. [NOTE: If you are uncertain how to determine the heirs of a Decedent, refer to the "Heirs Determination Worksheet" available from the Probate Court or at www.gaprobate. gov.] Examples of such statement would be: (a) "Decedent American LegalNet, Inc. www.FormsWorkFlow.com GPCSF 13 [i] Eff. July 2016 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." 7. The service of this petition is in accordance with Chapter 11 of Title 53 per O.C.G.A § 53-8-13 (b). 8. Use Supplement 2 if the Court determines it is appropriate to appoint a special process server. 9. Use Supplement 3 when an additional certificate of service is necessary. 10. Exhibits should be labeled at the bottom of each exhibit as Exhibit "A," Exhibit "B," etc. in consecutive order. The corresponding letter of each said exhibit should be inserted into the appropriate place in the form. 11. According to Uniform 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. All pages after the Notice regarding Uniform Probate Court Rule 5.6 (A) 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 or at www.gaprobate.gov, labeled GPCSF 1. American LegalNet, Inc. www.FormsWorkFlow.com GPCSF 13 [ii] Eff. July 2016 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ___________________________________, DECEASED ) ) ) ) ESTATE NO. ____________ PETITION FOR LEAVE TO SELL PROPERTY The Petition of ___________________________________________________________ [Full name(s) of Petitioner(s)] First Street Street City City Middle County County State State Last Zip Code Zip Code whose physical address(es) is/are __________________________________________________, and mailing address(es) is/are _____________________________________________________, as the duly appointed and qualified Personal Representative of the estate of the above-named Decedent, shows to the Court the following: 1. _______________________________________________________________________, [Full name of Decedent] First Middle Last whose place of domicile was _____________________________________________________, Street City County State departed this life on _______________________, 20_____. 2. If Decedent died intestate [without a Will], list below all of the Decedent's heirs at law. Otherwise, beneficiaries shall be listed below. Each listing should include the name, age or majority status, address, and relationship to Decedent. All those listed are sui juris [having the legal ability to manage one's own affairs] unless otherwise noted. Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ____________________________________________________________________________