Fill and Sign the Georgia Probate Court Standard Form Petition for Discharge

GPCSF 33 [i] Eff. July 2017 PETITION FOR DISCHARGE OF PERSONAL REPRESENTATIVE INSTRUCTIONS I. Specific Instructions 1.This form is to be used for a Petition for Discharge of a Perso nal Representative pursuant to O.C.G.A. § 53-7-50 or Discharge of a Temporary Admi nistrator pursuant to O.C.G.A. § 53-7-52. A Personal Representative may, purs uant to O.C.G.A. § 53-7-50(e), petition the court so lely for discharge from office but not from all liability. 2. If the Petition is filed by a Pe rsonal Representative, the notice to debtors and creditors must have been published for f our weeks, and three months must have elapsed from the date of the last publi cation. O.C.G.A. §§ 53-7-41, 53-11-4. 3. Signatures of heirs who acknowledge service must be sworn to be fore a notary public or the Clerk of any Probate Court of this State. It is not nec essary that all acknowledgments appear on the sa me page. An attorney at law may acknowledge service on behalf of an heir; however, the attorney must certify that he or she currently represents that heir w ith regard to the pending matter and, in order to comply with O.C.G.A. § 53-11-6, the attorney's signature must be sworn to a s provided above. With regard to a power of attorney, th e attorney-in-fact may acknowledge service on behalf of the grantor of the power, provided that the power of attorne y grants such authority, the signature of the attorney-in- fact is attested, a copy of the power of attorney is attached, and the a ttorney-in-fact certif ies that the copy is a true copy and is still in effect. 4. 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 a ppoint 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 l item be necessary because a party is not sui juris, use Supplement 1. 5. Use Supplement 2 if the Court de termines it is appropriate to appoint a special process server. 6. Use Supplement 3 when an addition al certificate of service is necessary. GPCSF 33 [ii] Eff. July 2017 7.In the event the Decedent died intestate, Paragraph 3 requires that a definitive statement be made to show to the court that the persons named in Paragrap h 2 constitute all of the heirs of the Decedent and that there are no heirs of the sa me or closer degree according to O.C.G.A. § 53-2-1. Provide the date of death for a ny deceased heirs. [NOTE: If you are uncertain how to determine the heirs of a Dec edent, please refer to the “Heirs Determination Sheet” available from the probate cour t or at www.gaprobate.gov.] Examples of such statement would be: (a) “D ecedent 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 wh o died previously had no other children born, adopted, living or deceased, other than li sted herein.” 8. According to Probate Court Rule 5.6 (A), unless the Court speci fically assumes the responsibility, it is the responsibility of the moving party to prepare the proper citation and deliver it properly so it can be served according to law. A ll pages after the Notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party, unless otherwise directed by the Court. II. General Instructions General instructions applicable to all Georgia Probate Court St andard Forms are available in each Probate Cour t or at www.gaprobate.gov, labeled GPCSF 1. GPCSF 33 [1] Eff. July 2017 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________, ) ESTATE NO. __________________ DECEASED ) PETITION FOR DISCHARGE OF PERSONAL REPRESENTATIVE The Petition of _______________________________________________ __________, as (Executor(s)) (Administrator(s)) (Temporary Administrator(s)) o f the above-referenced estate, shows: 1. Petitioner(s) [initial one]: ______ (a) has/have fully administered the estate of the Deced ent. ______ (b) was/were allowed to resign without fully administer ing said estate. ______ (c) has/have completely d ischarged all duties as temporary administrator(s). 2. Listed below are all of the heirs of an intestate Decedent or b eneficiaries of a testate Decedent, or persons who succeeded to the interest of any heir or beneficiary who died after the Decedent died: Name Age (or over 18) Address Relationship _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ GPCSF 33 [2] Eff. July 2017 [ NOTE: If discharge is sought sole ly from office and not from office and all liability, STRIKE Paragraphs 3 and 4 below.] 3. Required: [In the event the Decedent died intestate (without a will), make a definitive statement with sufficient factual information to en able the court to conc lude that all of the heirs of the Decedent are included and that there are no heirs of similar or closer degree according to O.C.G.A. § 53-2-1. Provid e the names of any deceased heirs and include the date of death for each. (See instructions for further clarification.) Also, state here all pertinent facts that may govern the method of giving notice to any party and that may determine whether or not a guardian ad litem should be appo inted for any party. If any heirs listed above are cousins, grandchildren, nephews or nieces of the Decedent, please indicate the deceased ancestor through whom they are related to the Decedent.] _______________________________________________________________________________ ________________________ _ _____________________________________________________________________________________ 4. Of those named in Paragraph 2 above, it is not necessary to notify the following heirs or beneficiaries (a) who have relieved the Personal Representative of all liability and as to each of whom a copy of the writing(s) granting such relief is/are attached hereto or (b) with respect to whom the Personal Representative has been relieved of all further liability in (a settlement of accounts)(an intermediate report)(other binding proceeding) pursuant to an order of this Court dated _____________________ and hereby incorporated herein: _____________________________ _____________________________________________________________________________________ ________________________________________________________________________________ 5. The following heirs or beneficiaries are represented or should be represented by a g uardian [state names of heir/beneficiary and guardian, if one has already been appointed, and reason guardian needed/appointed]: _ ____________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 6. All claims against th e estate have been paid (except fo r the fo llowing that have not been paid for the reasons set forth below) [provid e names and addresses for service] : _____________________________________________________________________________________ _____________________________________________________________________________________ ______________________________________________________________ _______________________ _____________________________________________________________________________________ GPCSF 33 [3] Eff. July 2017 7. [initial one] : ____ All necessary (inventories) (and) (returns) have been filed. ____ Petitioner was relieved of filing (inventories) (and) (re turns). 8 . Additional Data: [Where full particulars are lacking, state here the reasons for any su\ ch omission.] _____________________________________________________________________________________ _____________________________________________________________________________________ WHEREFORE, Petitioner(s) pray(s): [initial one] ______ (a) to be discharged solely from office and, therefore, pray(s) that notice issue and be published one time in the official county newspaper with copies thereof being mailed by first-class mail to the creditors named in Paragraph 5 above an d that an order issue discharging the Petitioner(s) from office. OR ______ (b) to be discharged from office and all liability and, therefore, pray(s) that notice issue and be served and published as required by law and that a n order issue releasing and discharging the Petitioner(s) from office and from all liabilit y. _________________________________ Signature of Petitioner _________________________________ Printed Name _________________________________ Mailing Address _________________________________ _________________________________ Telephone Number Signature of Attorney ______________________________________________________ Printed Name of Attorney ______________________________________ ________________ Address ______________________________________________________ ______________________________________________________ Telephone Number __________________ State Bar #______________ __________ GPCSF 33 [4] 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 Discharge of Personal Representative (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 COURT Printed Name of Petitioner My Commission Expires _________________ GPCSF 33 [5] Eff. July 2017 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________, ) ESTATE NO. __________________ DECEASED ) ACKNOWLEDGMENT OF SERVICE AND CONSENT TO PETITION The undersigned, being 18 years of age or older, laboring under no legal disability and being heirs or beneficiaries o r unpaid purported creditors of t he above-named Decedent, hereby acknowledge service of a copy of the Petition for Discharge of Personal Representative, and notice, waive copies of same, waive fur ther service and notice, and hereby consent to the Petition. Sworn to and subscribed before me this _____day of_______________, 20____. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires_______________ ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this _____day of_______________________, 20____. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires ______________ ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this _____day of_______________________, 20____.. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires _______________ ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this _____day of_______________________, 20____.. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires _______________ ------------------------------------------------------------------------------------------------------------------------------ Sworn to and subscribed before me this _____day of_______________________, 20____.. ______________________________________ Signature of Interested Party ______________________________________ ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Party My Commission Expires_______________ GPCSF 33 [6] Eff. July 2017 NOTICE THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVIN G PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE PROBATE COURT RULE 5.6 (A). seeking discharge solely from office, it is ordered that Notice be published one time in the GPCSF 33 [7] Eff. July 2017 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________, ) ESTATE NO. __________________ DECEASED ) ORDER FOR SERVICE OF NOTICE [Initial A. (discharge solely from office) or B. (discharge from office and all liability)] ______ A. The Petition for Discharge of Personal R epresentative having been filed, newspaper in which sheriff’s advertisements are published in this County at least ten (10) days before __________________________, 20 ___________ and that a co py of the Petition and Notice be mailed by first-class mail to the creditors whose cla ims have not been paid as set forth in Paragraph 6 of the Petition. ______ B. The Petition for Discharge of Personal Representative having been filed, seeking discharge from office a nd all liability, it is ordered that all heirs or beneficiaries or unpaid creditors who did not acknowledge s ervice and consent to the Petition be served as follows: [Initial all that apply] ______ Notice, together with a copy of the Petition, shall be s erved personally, or by registered or certified mail or statutory overnight delivery, a s requested by the Petitioner(s) pursuant to O.C.G.A. § 53-11-3, at least ten (10) days before the deadline for filing objections on the following interested partie s who reside in Georgia: _______ ___________________________ ______________________________________________________________________________ ______________________________________________________________________________ _ _____ Notice, together with a copy of t he Petition, shall be ser ved by registered or certified mail, return receipt requested, pursuant to O.C.G.A. § 53-11-4, upon the following nonresident interested parties whose current residence addresse s are known: ________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice shall be published once a week for four (4) week s in the legal organ of this County, before____________________, 20_______ in order to serve by publication the following interested parties whos e current residence addresses are unknown: ________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 33 [8] Eff. July 2017 _______ [Applies in all cases unless notice is published for four weeks] Notice shall be published one time in the legal organ of this County at least ten (10) days before _______________________, 20______ which is the date on or before which any objection is required to be filed. SO ORDERED this ________ day of _____________________, 20_____ . ______________________________________ Judge of the Probate Court GPCSF 33 [9] Eff. July 2017 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE O F ) ) ____________________________________, ) ESTATE NO . __________________ DECEASED ) NOTICE [For Discharge Solely from Office] IN RE: Petition for Discharge of Personal Representative TO: ___________________________________________________________ _________________ ____________________________________________________________________________ [List all creditors who did not acknowledge service whose claims have not been paid. ] and to whom it may concern: This is to notify you to file obj ection, if there is any, to the Petition for Discharge of Personal Representative, in this Court on or before____________ _______________, 20______. BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting fort h the grounds of any such objections. All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. Contact Probate Court personnel for the required amount of filing fees. If any objections are filed, a hearing will be (held on ___________________________) (scheduled at a later date). I f no objections are filed, the P etition may be granted without a hearing. ____________ _____________ ____________ J udge of the Probate Court By: _________________________________ Clerk of the Probate Court ______________________________________ ______________________________________ Address ______________________________________ Telephone Number GPCSF 33 [10] Eff. July 2017 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________,) ESTATE NO. __________________ DECEASED ) NOTICE [For Discharge from Office and all Liability] IN RE: Petition for Discharge of Personal Representative [Strike any Paragraph if not applicable] TO: _____________________________________________________________________________ __________________________________________________________________________________ [List here all interested parties having un known addresses to be served by publication ] and (all and singular the heirs of said Decedent,)(the benefici aries under the will,) and to whom it may concern: This is to notify you to file objection, if there is any, to the above-referenced Petition, in this Court on or before_________________, 20_____. TO: ________________________________________________________________________ ______________________________________________________________ ________________ [List here all heirs having known addresses in the continental U.S. to be served by registered or certified or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the Petitioner(s)] This is to notify you to file objection, if there is any, to the above-referenced Petition, in this Court on or before the th irteenth (13th) day after________ _____________, 20 ______ (the date of the mailing of this Notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such Notice is actually received by the Court within such thirteen (13) days, the d eadline for the filing of any objection shall be ten (10) days from the date of receipt shown on such return receipt. TO: ________________________________________________________________________ ________________________________________________________________________ [List here all heirs having known addresses outside the continental U.S. to be served by registered or certified mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the Petitioner(s)] This is to notify you to file objection, if there is any, to the above-referenced Petition, in this Court on or before the thirtieth (30th) day after ________ ______, 20_______ (the date of the mailing of this Notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such Notice is actually r eceived by the Court within such thirty (30) days, the deadline for the filing of any objection shall b e ten (10) days from the date of receipt shown on such return receipt. GPCSF 33 [11] Eff. July 2017 TO: ___________________________________________________________ ___________________ ______________________________________________________________________________ [List here all interested parties who reside in Georgia to be served personally or by registered or certified mail or statutory overnight delivery with restricted delivery to the addressee, if specifically requested by the Petitioner(s)] This is to notify you who are re quired to be served personally, to file objection, if there is any, to the above-referenced Pe tition, in this Court on or before the tenth (10th) day after the date you are personally served or sign the return receipt. BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting for th the grounds of any such objections. All objections should be sworn to before a notary public or before a Probate Court Clerk, and filing fees must be tendered with your objections, unless you qualify to file as an indigent party. Contact Probate Court personnel for the required amount of filing fees. If any objections are filed, a hearing will be (held on ______________________, 20__) (scheduled at a later date). I f no objections are filed, the P etition may be granted without a hearing. ____________ _____________ ____________ Judge of the Probate Court By: _________________________________ Clerk of the Probate Court ____________ _____________ ____________ ____________ _____________ ____________ Address ____________ _____________ ____________ Telephone Number GPCSF 33 [12] Eff. July 2017 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ____________________________________,) ESTATE NO. __________________ DECEASED ) CERTIFICATE OF SERVICE This is to certify that I have this date mailed (unless otherwi se noted) in an envelope with the proper postage affixed thereto for first-class mail deliver y copies of the ___________________ ______________________________________________________________________________ ______________________________________________________________________________ to the following parties at the addresses below: This _______ day of ________________, 20____. _________________________ ____________ Clerk of the Probate Court ____________ _____________ ____________ ____________ _____________ ____________ Address ____________ _____________ ____________ Telephone Number GPCSF 33 [13] Eff. July 2017 IN THE PROBATE COURT OF ___________________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. __________________ DECEASED ) FINAL ORDER The foregoing Petition for Discharge of ____________________ as _________________ ______________________ was filed. The Court finds that no obje ction has been filed, and all requirements of law have been fulfilled. ACCORDINGLY, IT IS ORDERED tha t petitioner(s) be, and is/are hereby, discharged [initial one] _____ a . solely from office _____ b. from office and all liability. SO ORDERED this __________ day of _______________________, 20__________. ___________________________________________ Judge of the Probate Court