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Fill and Sign the Georgia Probate Form

Fill and Sign the Georgia Probate Form

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GEORGIA PROBATE COURT STANDARD F ORM PETITION FOR ORDER DECLARING NO ADMINISTRATION NECESSARY GEORGIA,       COUNTY To the Honorable Judge of the Probate Court of said State and County: The Petition of       , whose mailing address Is                         Street City State Zip respectfully shows to the Court the following: 1.       , whose domicile First Middle Last Name was       died Street City County State intestate (without a will) on       , 20       . Petitioner is an heir of 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                                                                                                                                                                                                 Effective 7/09 1 GPCSF 9 GEORGIA PROBATE COURT STANDARD F ORM 3. Make a definitive statement which will show to the court that those persons named in Paragraph 2 constitute all of the heirs of the decedent all of the heirs of the decedent and that there are no heirs of similar or higher degree according to O.C.G.A. §53-2-1. Provide the names of any deceased heirs and include the date of death for each. (See instructions for further clarification.) Also provide any additional information concerning the personal representative of any now deceased heir, the guardian of any incapacitated adult heir, and any information relative to whom the court should appoint as guardian, if one is needed, in this proceeding:       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):       Effective 7/09 2 GPCSF 9 GEORGIA PROBATE COURT STANDARD F ORM 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 (complete name(s) address(es) including zip codes must be provided for each creditor so listed)       , 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) (complete name(s) address (es) including zip codes must be provided for each creditor so listed) are 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. Signature of Attorney (or Signature of Attorney (or petitioner if pro se) petitioner if pro se) Address:       Address:                   Effective 7/09 3 GPCSF 9 GEORGIA PROBATE COURT STANDARD F ORM Telephone Number:       Telephone Number:       State Bar #:       State Bar #:       Effective 7/09 4 GPCSF 9 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.             Petitioner Petitioner             Residence Address Residence Address                         Telephone Number Telephone Number Sworn to and subscribed before Sworn to and subscribed before me this day of , 20 . me this ____ day of , 20 . NOTARY/CLERK OF PROBATE COURT NOTARY/CLERK OF PROBATE COURT 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. Further Ordered that any security deed holder or other creditor who has not consented in writing to the petition and whose current address is known be served with a copy of the Petition, this Order, and the following Notice, personally if a resident of this state, or by registered or certified mail, return receipt requested, if a nonresident with a known current address. Any creditor whose current address is not known must be served by publishing the notice once a week for four weeks. ________________________________ ________________________________________ DATE JUDGE OF THE PROBATE COURT 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 (held on       ) (scheduled for a later date). If no objections are filed, the petition may be granted without a hearing. JUDGE OF THE PROBATE COURT By: DATE CLERK OF THE PROBATE COURT Effective 7/09 4 GPCSF 9 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 CLERK, PROBATE COURT RETURN OF SHERIFF I do hereby certify that I have this day served       , 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,       County Effective 7/09 5 GPCSF 9 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. SIGNATURE(S) OF HEIRS OR CREDITORS (INCLUDING ANY SECURITY DEED HOLDERS) Sworn to and subscribed before me this ____ day of ,20 .       NOTARY/CLERK OF PROBATE COURT Printed Name and Relationship to Estate ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this day of ,20 .       NOTARY/CLERK OF PROBATE COURT Printed Name and Relationship to Estate ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 .       NOTARY/CLERK OF PROBATE COURT Printed Name and Relationship to Estate ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 .       NOTARY/CLERK OF PROBATE COURT Printed Name and Relationship to Estate ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 .       NOTARY/CLERK OF PROBATE COURT Printed Name and Relationship to Estate ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 .       NOTARY/CLERK OF PROBATE COURT Printed Name and Relationship to Estate ------------------------------------------------------------------------------------------------------------------------------- Effective 7/09 6 GPCSF 9 Sworn to and subscribed before me this day of ,20 .       NOTARY/CLERK OF PROBATE COURT Printed Name and Relationship to Estate Effective 7/09 7 GPCSF 9 Georgia, County Probate Court Estate Name       Estate Case Number       AGREEMENT 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)       Full Name of individual to receive interest       Complete address including zip code of individual to receive interest       Date of Birth or Majority Status Interest or percentage received pursuant to this Order       Full Name of individual to receive interest       Complete address including zip code of individual to receive interest       Date of Birth or Majority Status Interest or percentage received pursuant to this Order       Full Name of individual to receive interest       Complete address including zip code of individual to receive interest       Date of Birth or Majority Status Interest or percentage received pursuant to this Order Legal Description and Location of Real Property: Effective 7/09 8 GPCSF 9       Effective 7/09 9 GPCSF 9 Sworn to and subscribed before me this day of ,20 .       HEIR       NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 . HEIR       NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 . HEIR       NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 . HEIR       NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 . HEIR       NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------- Sworn to and subscribed before me this day of ,20 . HEIR Effective 7/09 10 GPCSF 9       NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires Effective 7/09 11 GPCSF 9 (Above space to be used for filing in Superior Court Clerk’s Office Deeds and Records) PROBATE COURT OF ________________________ COUNTY STATE OF GEORGIA IN THE MATTER OF: ) ESTATE NO. ) ESTATE OF ) RE: PETITION FOR ORDER ) DECLARING NO       , ) ADMINISTRATION NECESSARY DECEASED ) 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; (that notice was issued and published once a week for four weeks in the newspaper in this county in which sheriff’s advertisements appear); 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)       Full Name of individual to receive interest       Complete address including zip code of individual to receive interest       Date of Birth or Majority Status Interest or percentage received pursuant to this Order Effective 7/09 10 GPCSF 9       Full Name of individual to receive interest       Complete address including zip code of individual to receive interest       Date of Birth or Majority Status Interest or percentage received pursuant to this Order       Full Name of individual to receive interest       Complete address including zip code of individual to receive interest       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       , Count(y)(ies). SO ORDERED this day of , 20 . Probate Judge Effective 7/09 11 GPCSF 9 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 PROBATE CLERK/DEPUTY CLERK Effective 7/09 12 GPCSF 9

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