Petition For Letters Of Administration With Will Annexed Will Previously Probated {GPCSF 8}

GPCSF 8 - PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED). This is a Georgia Probate Court form used in connection with a petition for letters of administration with will annexed 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, GPCSF 7,Petition for Letters of Administration with Will Annexed, should be used. Signatures of beneficiaries who acknowledge service must be sworn to before anotary public or the clerk of any probate court of this State. An attorney at law mayacknowledge service on behalf of a beneficiary; however, the attorney must certifythat he or she currently represents that beneficiary with regard to the pending matterand, in order to comply with O.C.G.A. § 53-11-6, the attorney’s signature must besworn as provided above. It is not necessary that all acknowledgments appear onthe same page. With regard to a power of attorney, the attorney-in-fact mayacknowledge service on behalf of the grantor of the power, provided that the powerof attorney grants such authority, the signature of the attorney-in-fact is attested, acopy of the power of attorney is attached, and the attorney-in-fact certifies that thecopy is a true copy and is still in effect. O.C.G.A. § 53-6-15 (b) provides that the petition shall be served on thebeneficiaries of the will and the executor, if any, of any deceased executor whosedeath created the vacancy in the manner described in Chapter 11 of Title 53.O.C.G.A. § 53-11-3 (a). O.C.G.A. § 53-11-2 provides that a party to a probate proceeding who is not suijuris must be represented by a guardian provided that the Court may appoint aguardian ad litem or determine that the natural guardian, guardian, conservator, ortestamentary guardian has no conflict and may serve. When a party to a proceedingis a post deceased heir whose estate has no personal representative, such deceasedheir’s estate may be represented in the proceeding by a guardian ad litem. Aperson’s heirs are determined at the time of that person’s death. A close relativemust be alive at the time the decedent dies to be an heir. If an heir who outlivedthe decedent subsequently dies, that post deceased heir must be represented by thepersonal representative of his or her estate or by a guardian ad litem. Should aguardian ad litem be necessary because a party is not sui juris, use GPCSFSupplement 1. Use GPCSF Supplement 2 if the Court determines it is appropriate to appoint aspecial process server. Use GPCSF Supplement 3 when an additional certificate of service is necessary. Exhibits should be labeled at the bottom of each exhibit as “Exhibit A,” “ExhibitB,” etc. in consecutive order. The corresponding letter of each said exhibit shouldbe inserted into the appropriate place in the form. An oath must be administered by a probate judge or clerk (the oath cannot beadministered by a notary public). Use GPCSF Supplement 4 for the oath. The oathis not included in this form. GPCSF 53, Commission to Administer Oath, can beused if the oath is to be administered by a court outside the State of Georgia. According to Uniform Probate Court Rule 5.6 (A), unless the Court specificallyassumes the responsibility, it is the responsibility of the moving party to preparethe proper citation and deliver it properly so it can be served according to law. Allpages after notice regarding Uniform Probate Court Rule 5.6 (A) are to becompleted by the moving party, unless otherwise directed by the Court. www.FormsWorkflow.com