Fill and Sign the Free 2 Petition for Temporary Letters of Administration 1 Form

GPCSF 2 [i] Eff. July 2017 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 Temp orary 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 Decede nt 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 the re 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 Repres entative of a deceased heir is authorized to consent on behalf of that heir. O.C.G.A. § 53-7-1. [NOTE: If you are unc ertain how to determine the heirs of a Decedent, refer to the “Heirs Determination Work sheet” available from the Probate Court or at www.gaprobate.gov.] Examples of such st atement 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) shoul d 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 Su pplement 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 St andard Forms are available in each Probate Court or at www.gaprobate.gov, labeled GPCSF 1. GPCSF 2 [1] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR TEMPORARY LET TERS OF ADMINISTRATION The petition of ___________________________________________________________ [Full name(s) of Petitioner(s)] First Middle Last whose physical address(es) is/are _____________________________ _____________________, Street City County State Zip Code and mailing address(es) is/are ________________________________ _____________________, Street City County State Zip Code shows to the Court the following: 1. _______________________________________________________________ ______,   [Full name of Decedent] First Middle Last whose place of domicile was ____________________________________________________, Street City County State Zip Code departed this life on ______________________, 20 ______ . 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 th e Decedent. The alleged will is dated ______________. 3. Listed below are all of the Decedent's heirs at law, with age o r majority status, address, and relationship to the Decedent set opposite the name of each: Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 2 [2] Eff. July 2017 4. Required : [Provide sufficient factual information to enable the Court to conclude that all of the heirs of the Decedent are in cluded and that there are no heirs of the same or closer degree according to O.C.G.A. § 53-2-1. Provide the na mes of any deceased heirs, the name and address of his or her Personal Representative, if any , and include the date of death for each. [See instructions for further clarification.] Also, st ate here all pertinent facts that may govern the method of giving notice to any party and that may determine wh ether or not a guardian ad litem should be appointed for any party . If any heirs listed above are cousins, grandchildren, nephews or nieces of the Decedent, indi cate the deceased ancestor through whom they are related to the Decedent.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. Under the law, it is necessary that a Temporary Administrator collect and preserve said estate and _____________________________________________________________________ should be appointed Admin istrator(s) by reason of: [Initial one] ______ (a) being unanimously selected by all the heirs [This alternative does not apply if the surviving spouse is the sole heir and an action for divorce or separate maintenance was pending at the time of Decedent’s death.] ; ______ (b) being the surviving spouse where no action for divor ce or separate maintenance was pending at the time of Decedent’s death; ______ (c) being (an) heir(s) a nd not the surviving spouse; ______ (d) having been selected by a majority in interest of th e 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 t he indebtedness is attached); ______ (g) being the county administrator. GPCSF 2 [3] Eff. July 2017 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 (if other than the above styled court) ___________________________________ .] ______ (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 (if other than the above styled court) ___________________________________ .] 7. The Decedent passed leaving an estate of real property located in ____________________ ________________ County(ies), Georgia [list real property that is located in another state and/or country] having a total fair mark et 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 Admi nistration 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 t he assets are as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 2 [4] Eff. July 2017 9. Additional Data: [Where full particulars are lacking, st ate here the reasons for any such omission.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ WHEREFORE, Petitioner(s) pray(s) for an order appointing Petiti oner(s) Temporary Administrator(s) of said estate. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney ______________________________________________________ Printed Name of Attorney ______________________________________ ________________ Address ______________________________________________________ ______________________________________________________ Telephone Number __________________ State Bar #______________ __________ GPCSF 2 [5] Eff. July 2017 VERIFICATION GEORGIA, ___________________ COUNTY Personally appeared before me the undersigned Petitioner(s) wh o, 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. Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ____________________________________ Signature of Petitioner ___________________________________ ____________________________________ NOTARY/CLERK OF PROBATE COUR T Printed Name of Petitioner My Commission Expires  ________________  GPCSF 2 [6] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) SELECTION BY HEIRS The undersigned, being 18 years of age or older, laboring under no legal disability and being an heir of the above-name d Decedent, hereby acknowledges service of a copy of the Petition for Temporary Letters of Admini stration, waives copies of same, waives further service and notice, and hereby selects ________________________________ to act as T emporary Administrator(s) of the above-styled estate. Sworn to and subscribed before me this ______ day of _______________, 20_____ __________________ __________________ Signature of Heir ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir My Commission Expires  ________________  -------------------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ __________________ __________________ Signature of Heir ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir My Commission Expires ________________ -------------------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this ______ day of _______________, 20_____ __________________ __________________ Signature of Heir ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir My Commission Expires ________________    GPCSF 2 [7] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ORDER APPOINTING TEMPORARY ADMINISTRATOR A Petition for Temporary Letters of Administration for the abov e-named Decedent was filed. ________________________________________________________ _____ was/were nominated Temporary Administrato r(s) in the Petition and is/are hereby found to be legally qualified for said office. The Court finds that the Decedent di ed 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/ar e 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 di sbursements from said estate may be made by said Temporary Administrator(s) unless permission is granted by furt her order of this Court for the purpose of preserving the estate. SO ORDERED this ______ day of _____________________, 20_____. ______________________________________ Judge of the Probate Court GPCSF 2 [8] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) 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 o wned property in this County at the time of his or her death, and that upon so doing, Temporary Letters of Administration be issu ed to such Temporary Administrator(s). THEREFORE, the said Temporary Ad ministrator(s), having taken the oath of office and complied with all necessary prerequisites of the law, is/are le gally 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 Geo rgia law. IN TESTIMONY WHEREOF, I have her eunto affixed my signature as Judge of the Probate Court of said County and t he seal of this office this _____ day of _________, 20______. __________________________________________ Judge of the Probate Court NOTE: The following must be signed if the Judge does not sign the original of this document: Issued by: [Seal] _____________________________________ Clerk of the Probate Court