Petition for Temporary Letters of Administration

Petition for Temporary Letters of Administration

INSTRUCTIONS

I. Specific Instructions

1. This form is to be used for a Petition for Temporary Letters of Administration pursuant to O.C.G.A. § 53-6-30 et seq.

2. The Probate Court may at any time and without notice grant Temporary Letters of Administration on an unrepresented estate to continue in full force and effect until the Temporary Administrator is discharged or a personal representative is appointed according to O.C.G.A. § 53-6-30. According to O.C.G.A. § 53-11-5, “The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this chapter….”

3. Paragraph 4 requires sufficient factual information for the Court to conclude that those listed in Paragraph 3 include each and every heir of the Decedent and that there are not additional heirs of the same or closer degree according to O.C.G.A. § 53-2-1. These facts must allow the Court to rule out the possibility that there may be other heirs of the same or closer degree who have not been listed. Provide the date of death of any deceased heirs and the name of the deceased heir’s Personal Representative if applicable. The Personal Representative of a deceased heir is authorized to consent on behalf of that heir. O.C.G.A. § 53-7-1. 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.”

4. Temporary Administrator(s) should only collect and preserve the assets of the estate and only expend funds, if approved, by the Judge of the Probate Court according to O.C.G.A. § 53-6-31.

5. An oath must be administered by a Probate Judge or Clerk (the oath cannot be administered by a notary public). Use Georgia Probate Court Supplement 4 for the oath. The oath is not included in this form. Georgia Probate Court Standard Form 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia.

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.

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF )

)

, ) ESTATE NO.

DECEASED )

PETITION FOR TEMPORARY LETTERS OF ADMINISTRATION

The petition of whose physical address(es) is/are and mailing address(es) is/are shows to the Court the following:

1. whose place of domicile was departed this life on

2. [Initial one]

(a) The Decedent died intestate [without making a valid Last Will and Testament].

(b) There is a contested Last Will and Testament of the Decedent. The alleged will is dated

3. Listed below are all of the Decedent's heirs at law, with age or majority status, address, and relationship to the Decedent set opposite the name of each:

Name / Age (or over 18) / Address / Relationship

4. Required:

5. Under the law, it is necessary that a Temporary Administrator collect and preserve said estate and should be appointed Administrator(s) by reason of:

[Initial one]

(a) being unanimously selected by all the heirs.

(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. § 53-6-1;

(f) being (a) creditor(s) of the Decedent (evidence of the indebtedness is attached);

(g) being the county administrator.

6. To the knowledge of the petitioner(s):

[Initial all that apply]

(a) No petition for appointment of a Personal Representative has been filed.

(b) A petition for Letters of Administration has been filed but is delayed. If a petition is pending, list the county and state where the action is pending:

(c) A petition to Probate has been filed but is delayed or contested. If a petition is pending, list the county and state where the action is pending:

7. The Decedent passed leaving an estate of real property located in having a total fair market value of approximately $ .

Decedent passed leaving personal property as follows [provide approximate value]:

(a) Cash/bank accounts/certificates of deposit; $

(b) Stocks/bonds/brokerage accounts; $

(c) Other assets of significant value [list]; $

APPROXIMATE TOTAL VALUE OF PERSONAL PROPERTY $

8. Petitioner(’s)(s’) appointment is in the best interest of the estate because the estate is unrepresented and it is necessary for Temporary Letters of Administration to be granted for the sole purpose of collecting and preserving the assets of the Decedent.

Request(s) for specific authorization(s) in order to preserve the assets are as follows:

9. Additional Data: [Where full particulars are lacking, state here the reasons for any such omission.]

WHEREFORE, Petitioner(s) pray(s) for an order appointing Petitioner(s) Temporary Administrator(s) of said estate.

VERIFICATION

GEORGIA,

Personally appeared before me the undersigned Petitioner(s) who, after being duly sworn, state(s) that the facts set forth in the foregoing Petition for Temporary Letters of Administration (and the attached Exhibit(s)) are true and correct.

SELECTION BY HEIRS

The undersigned, being 18 years of age or older, laboring under no legal disability and being an heir of the above-named Decedent, hereby acknowledges service of a copy of the Petition for Temporary Letters of Administration, waives copies of same, waives further service and notice, and hereby selects to act as Temporary Administrator(s) of the above-styled estate.

ORDER APPOINTING TEMPORARY ADMINISTRATOR

A Petition for Temporary Letters of Administration for the above-named Decedent was filed. was/were nominated Temporary Administrator(s) in the Petition and is/are hereby found to be legally qualified for said office. The Court finds that the Decedent died domiciled within, or domiciled outside the State of Georgia but owning property within, the above County. The Court finds that the estate is currently unrepresented. The Court further finds that no objection has been filed, all requirements of law have been fulfilled, that this appointment is in the best interest of the estate, and that it is necessary that temporary letters should issue for the sole purpose of collecting and preserving the assets of the Decedent until a personal representative is appointed.

ACCORDINGLY, IT IS ORDERED that the person(s) named above is/are found to be qualified for such office and is/are hereby appointed Temporary Administrator(s) of the estate of the Decedent, and that Temporary Letters be issued upon said Temporary Administrator(’s)(s’) giving bond with approved surety in the sum of $ and taking the oath as provided by law.

IT IS FURTHER ORDERED that no disbursements from said estate may be made by said Temporary Administrator(s) unless permission is granted by further order of this Court for the purpose of preserving the estate.

SO ORDERED this day of , 20.

TEMPORARY LETTERS OF ADMINISTRATION

At a regular term of Probate Court, this Court granted an order allowing to qualify as Temporary Administrator(s) of the above-named Decedent, who was domiciled in this County at the time of his or her death or was domiciled in another state but owned property in this County at the time of his or her death, and that upon so doing, Temporary Letters of Administration be issued to such Temporary Administrator(s).

THEREFORE, the said Temporary Administrator(s), having taken the oath of office and complied with all necessary prerequisites of the law, is/are legally authorized to collect and preserve the assets of the Decedent until a Personal Representative is appointed (or the Temporary Administrator is discharged); and thereupon to deliver up such assets to the Personal Representative of the estate of said Decedent, according to Georgia law.

IN TESTIMONY WHEREOF, I have hereunto affixed my signature as Judge of the Probate Court of said County and the seal of this office this day of , 20.

NOTE: The following must be signed if the Judge does not sign the original of this document:

Issued by: [Seal]