Georgia Petition for Order Declaring No Administration Necessary

Petition for Order Declaring No Administration Necessary

INSTRUCTIONS

I. Specific Instructions

1. This form is to be used when filing a petition for order declaring no administration necessary, pursuant to O.C.G.A. §53-2-40 et seq.

2. O.C.G.A. §53-2-40(b) no longer requires that all heirs must be sui juris. 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 of the person or property, or testamentary guardian has no conflict and may serve.

3. O.C.G.A. §53-2-40(c) provides that the personal representative of a deceased heir is authorized to agree to the division of property.

4. A signed original agreement setting out the heirs’ agreed upon distribution of the estate must be attached to the petition.

5. 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.

6. The attached form consists of 12 pages.

II. General Instructions

General instructions applicable to all Georgia probate court standard forms are available in each probate court.

GEORGIA PROBATE COURT STANDARD FORM

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF ) ESTATE NO.

) ) PETITION FOR ORDER DECLARING

DECEASED ) NO ADMINISTRATION NECESSARY

To the Honorable Judge of the Probate Court of said State and County:

The Petition of , whose mailing address is

respectfully shows to the Court the following:

1. , whose domicile was died intestate (without a will) on . Petitioner is an heir of the decedent.

2. Listed below are all of the decedent’s heirs, with the age or majority status, domicile and relationship to the decedent set opposite the name of each:

Name       Age (Or over 18)       Address       Relationship

3.

4. The decedent owned the following described personal property in this state (include identifying account numbers, serial numbers, etc., where applicable):

5. The decedent owned the following described real property in this state (insert complete legal description and street address, if any):

6. As to the estate of said decedent’s: (Initial any and all which apply)

A. The estate of decedent owes no debts.

B. The estate of decedent owes no debts, except that there is an outstanding security deed held by who must be properly served in this matter unless such holder has consented in writing below to the petition.

C. The estate of decedent owes no debts, except to such creditor(s) as have consented in writing to the petition, as shown on the consent below.

D. The estate of decedent owes no debts, except the creditor(s) listed immediately below who have not consented in writing and must be served as provided by law:

7. The heirs have amicably agreed upon a division of the estate among themselves as shown by the written agreement attached hereto containing original signatures of all heirs, attested to by a notary public or probate court clerk.

8. To the knowledge of the petitioner, no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state.

WHEREFORE, petitioner prays that this Court issue and serve any notice required by law in such matters, and that after ascertaining the legal sufficiency for granting this petition, this Court grant an Order that no administration is necessary in this estate, all as provided by law:

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.

ORDER FOR NOTICE

(NOT NEEDED IF ALL CREDITORS HAVE CONSENTED)

Upon reading and considering the foregoing petition, IT IS ORDERED that notice issue thereon as required by law, requiring all creditors who have not consented to the petition to show cause in writing filed in this Court on or before a day certain, if published, or within ten days of personal service, whichever is later, why the prayers of the petitioner should not be granted as prayed, and an Order granted that no administration is necessary in this estate.

NOTICE

Georgia, County Probate Court

TO WHOM IT MAY CONCERN:

has petitioned for an order finding that no administration is necessary on the estate of , deceased.

All creditors who have not consented to the petition are, therefore, required to show cause on or before , or within ten days after personal service, whichever is later, why such order should not be granted.

All objections to the petition must be in writing, setting forth the grounds of any such objections.

If any objections are filed, a hearing will be . If no objections are filed, the petition may be granted without a hearing.

JUDGE OF THE PROBATE COURT

DATE    By:

CERTIFICATE OF MAILING

This is to certify that I have this date forwarded by registered or certified mail, return receipt requested, in a stamped, addressed envelope supplied by the petitioner(s), a copy of the foregoing petition and the notice, to each of the following creditors who reside out of state at known current addresses:

DATE   

RETURN OF SHERIFF

I do hereby certify that I have this day serve , creditor in this matter, with a copy of the foregoing Petition for Order Declaring No Administration Necessary, Order for Notice and Notice.

Date    Deputy Sheriff,

ACKNOWLEDGMENT OF SERVICE AND CONSENT

Each of the undersigned heirs or creditors (including any security deed holder) hereby acknowledges due and legal service of the foregoing Petition, waives copies of same and all further service and notice in this matter, and consents to the following Final Order declaring that no administration is necessary in the estate of , deceased.

AGREEMENT

Georgia, County Probate Court

Estate Name Estate Case Number

We, being all of the heirs of , deceased, hereby agree to the division of the decedent’s estate among ourselves in the amounts and portions determined in accordance with the rules of inheritance when a decedent dies without a will, or if different, as follows:

We hereby agree that the following interest vest as set forth below. (For each person to receive an interest in any property according to the agreement and hereby Ordered by this Court)

Date of Birth or Majority Status Interest or percentage received pursuant to this Order

Date of Birth or Majority Status Interest or percentage received pursuant to this Order

Date of Birth or Majority Status Interest or percentage received pursuant to this Order

Legal Description and location of Real Property:

FINAL ORDER

PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN THE MATTER OF: ESTATE NO.

RE: PETITION FOR ORDER DECLARING NO ADMINISTRATION NECESSARY

FINAL ORDER

A Petition stating that no administration is necessary on the above estate has been duly filed. It appearing that the decedent died intestate domiciled in this county or died intestate owning real property in this county if the decedent was not domiciled in this state; that all of the heirs of said decedent have agreed upon a division of the estate as evidenced by the Agreement attached to the petition and incorporated herein by reference; that the estate of said decedent owes no debts, except to creditors, if any, including any security deed holders, who have consented or been served in this matter; and that no written objections to the granting of an Order Declaring No Administration Necessary in said estate have been filed within the time required by law; now, therefore, IT IS ORDERED AND DECREED that No Administration is Necessary on the above estate and by agreement of the parties the following interest is hereby vests as follows:

GRANTOR: (NAME OF DECEDENT)

ADDRESS OF THE DECEDENT

GRANTEES: (For each person to receive an interest in any property according to the agreement and hereby Ordered by this Court)

Date of Birth or Majority Status Interest or percentage received pursuant to this Order

Date of Birth or Majority Status Interest or percentage received pursuant to this Order

Date of Birth or Majority Status Interest or percentage received pursuant to this Order

Legal Description and location of any Real Property:

IT IS FURTHER ORDERED that the Clerk shall send a certified copy of this Order to the Clerk(s) of the Superior Court(s) for recording on the deed records of the following Count(y)(ies) in which real property is located .

SO ORDERED this day of , 20.

Probate Judge

Probate Court Return Mailing Address:

CERTIFICATION OF ORDER OF NO ADMINISTRATION NECESSARY

I do hereby certify that I have this day mailed by first-class mail a copy of this Certification along with a certified copy of the Order of No Administration Necessary and the Agreement of the Parties in the No Administration Necessary to each of the above named count(y)(ies) properly addressed and with adequate postage thereon, and deposited in the United States Mail, with the return address of this Court thereon.

DATE