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GPCSF 3 [i] Eff. July 2017 PETITION FOR LETTERS OF ADMINISTRATION INSTRUCTIONS I. Specific Instructions 1. This form is to be used for a Petition for Letters of Administration pursuant to O.C.G.A. § 53-6-20 et seq. 2. Use of this form is permissible, but not mandatory, in connecti on with a Petition for Appointment of a Successor Administrator, pursuant to O.C.G.A. § 53-6-21(b). Appropriate strikethroughs must be made, and additional informa tion must be given concerning the identity of the previous Administrator, the reason for the vacancy in the office, and the date the office became vacant. 3. With respect to the conditions u nder which the judge may, pursu ant to O.C.G.A. § 53-7-1(b), waive bond and/or grant certain powers contained in O.C.G.A. § 53-12-261, note: (a) All of the heirs must consent, and (b) Notice must be published. [NOTE: A cknowledgments must be on separate pages. Acknowledgments that are submitted on the same page will not be accepted.] 4. Signatures of heirs who acknowledge service must be sworn to be fore a notary public or the Clerk of any Proba te Court of this State. An attorney at law may acknowledge service on behalf of an heir; however, th e attorney must certify that he or she currently represents that heir with regard to the pending matter and, in or der to comply with O.C.G.A. § 53-11-6, the attorney's signature must be sworn to as provide d 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 attorney- in-fact certifies that the c opy is a true copy and is still in effect. 5. O.C.G.A. § 53-11-2 provides that a party to a probate proceedin g who is not sui juris must be represented by a guardian, provided that the Court may appoi nt 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 necessar y because a party is not sui juris, use Supplement 1. 6. 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 appl icable. The Personal Representative of a deceased heir(s) is authorized to consent o n behalf of that heir. O.C.G.A. § 53-7-1. [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 GPCSF 3 [ii] Eff. July 2017 www.gaprobate.gov.] 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.” 7. According to Probate Court Rule 5.6 (A), unless the Court speci fically assumes the responsibility, it is the responsib ility of the moving party to prepare the proper citation and deliver it properly so it may be served according to law. All p ages after the Notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the m oving party, unless otherwise directed by the Court. 8. Use Supplement 3 when an addition al certificate of service is necessary. 9. Exhibits should be labeled at the bottom of each exhibit as Exh ibit “A,” Exhibit “B,” etc. in consecutive order. The corresponding letter of each said exh ibit should be inserted into the appropriate place in the form. 10. An oath must be administered by a Probate Judge or Clerk (the o ath cannot be administered by a notary public). Use Georgia Probate Court Supplement 4 fo r the oath. The oath is not included in this form. Georgia Probate Court Standard Form 53, Commission to Administer Oath, can be used if th e oath is to be administered by a court outside the State of Georgia. II. General Instructions General instructions applicable t o all Georgia Probate Court Standard Forms are available in each Probate Court or at www.gaprobate.gov, labeled GPCSF 1. GPCSF 3 [1] Eff. July 2017 IN THE PROBATE CO URT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________ , ) ESTATE NO. ____________ DECEASED ) PETITION FOR LETTERS OF ADMINISTRATION The petition of ___________________________________________________________ [Full name(s) of Petitioner(s)] First Middle Last whose physical addre ss(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] Fir st M id dle L ast whose place of domicile was ___________________________________ ___________________, Street City County State Zip Code departed this life on ______________________, 20 ______, intestate. 2. The Decedent died intestate [without making a valid Last Will and Testament] . 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 3 [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 said estate be administered and ______________ _______________________________________________ should be appoi nted Administrator(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 pers on(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. 6. To the knowledge of the petitioner(s), no other proceedings wi th respect to this estate are pending, or have been completed, in any other Probate Court in this or any other state. GPCSF 3 [3] Eff. July 2017 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 $ __________ ________. The 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) MUST initial one] _______ (a) All heirs have consented to the waiver of bond and/ or grant of certain powers contained in O.C.G.A. § 53-12-2 61 to the Administrator(s). Therefore, the Petitioner(s) hereby move(s) th e Court to publish notice of the filing of the Petition and tender(s) with this Petition publication fees. [This only applies if all heirs have properly selected, acknowledged an d consented to this option.] _______ (b) The identities and/or addresses of all heirs are not known. Therefore, the Petitioner(s) hereby move(s) the Court to publish notice of the filing of the Petition, and tender(s) with this Petition publication fees. _______ (c) Notice of this Petition need not be published becau se the Petitioner(s) has/have listed all heirs at law and the ir addresses, and Petitioner(s) is/are not requesting a waiver of bond, inventory and returns, or the grant of powers c ontained in O.C.G.A. § 53-12-261. 9. Additional Data: [Where full particulars are lacking, st ate here the reasons for any such omission.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 0.00 GPCSF 3 [4] Eff. July 2017 WHEREFORE, Petitioner(s) pray(s): 1. Service be perfected; and 2. That if no good cause is shown to the contrary, ____________ ______________________ be appointed Administrator(s) of the estate of said Decedent. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney ______________________________________________________ Printed Name of Attorney ______________________________________ ________________ Address ______________________________________________________ ______________________________________________________ Telephone Number __________________ State Bar #______________ __________ GPCSF 3 [5] Eff. July 2017 VERIFICATION GEORGIA, ___________________ COUNTY 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 Letters of Administration (and the attached Exhibit(s)) are true and correct. Sworn to and subscribed before me this ______ day of _______________, 20_____ __________________ __________________ Signature of Petitioner ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COUR T Printed Name of Petitioner My Commission Expires ________________ GPCSF 3 [6] Eff. July 2017 IN THE PROBATE CO URT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________ , ) ESTATE NO. ____________ DECEASED ) SELECTION BY HEIRS (AND CONSENT OF HEIRS TO WAIVER OF BOND AND/OR GRANT OF CERTAIN POWERS) [make a separate page of this fo rm for each heir consenting] 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 Letters of Administration a nd notice, waives copies of same , waives further service and notice, and hereby selects __________________________________________ t o act as Administrator(s) of the above-styled estate. If so indicated below, I hereby co nsent for the Administrator(s) to be granted the additional powers c ontained in (a), (b) and/or (c) below. ________ (a) [optional; initial if applicable TO GRANT POWERS] The Personal Representative is required by law to file a petition for leave to sell and obtain other approval by the Court for various acts. By initialing here I agree that the Per sonal Representative should be awarded all of the powers contained in O.C.G.A. § 53- 12-261 including the authority in (b) and (c) below; OR ________ (b) [optional; initia l if applicable TO WAIVE REPORTS ] The Personal Representative is required by law to file reports (Inventory and Returns) and provide a copy to each interested party. By initialing here I agree that the Personal Representative should not be required to file any reports with the Court; AND/OR ________ (c) [optional; initial if applicable TO WAIVE BOND] The Personal Representative is required by law to post a bond as the Court deems necessary. By initialing here I agree that the Personal Representati ve should not be required to post a bond. Sworn to and subscribed befo re me this ______ day of __________ _____, 20_____ ____________________________________ Signature of Heir ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Heir My Commission Expires ________________ GPCSF 3 [7] Eff. July 2017 NOTICE THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVING PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE PROBATE COURT RULE 5.6 (A). GPCSF 3 [8] Eff. July 2017 IN THE PROBATE CO URT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________ , ) ESTATE NO. ____________ DECEASED ) PETITION FOR LETTERS OF ADMINISTRATION ORDER FOR SERVICE OF NOTICE