Fill and Sign the Georgia Probate Court Standard Form Petition of

GEORGIA PROBATE COURT STANDARD FORM Effective 7/11 GPCSF 34 Petitioner Petition of Conservator for Final Settlement of Accounts and Discharg e from Office and Liability. INSTRUCTIONS I. Specific Instructions 1. This form is to be used by a conservator for a final settlement o f accounts and discharge fro m office and liability pursuant to O.C.G.A. §29 -3-71 (conservator of minor); and O.C.G.A. §29-5-81 (conservator of adult ward). 2. According to Probate Court Rule 5.6 (A), unless the court specifically assumes the responsibility, it is the responsibility of the moving party to prepare the pr oper citation and deliver it properly so it can be served a ccording to law. Pages after 6 which are labeled court are to be completed by the moving party, unless otherwise direc ted by the “Court”. II. General Instructions General instructions applicable to all Georgia probate court stand ard forms are available in each probate court. GEORGIA PROBATE COURT STANDARD FORM Effective 7/11 GPCSF 34 Petitioner IN THE PROBATE COURT OF COUNTY STATE OF GEO RGIA IN RE: ) ESTATE NO. ) , ) PETITION OF CONSERVATOR MINOR/WARD ) FOR FINAL SETTLEMENT ) OF ACCOUNTS AND DISCHARGE FROM , ) OFFICE AND LIABILITY CONSERVATOR(S) ) TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of , Conservator(s) of the estate of , former (minor)(adult ward), shows: 1. Conservator(s) has/have fully discharged all duties as such, and is/are ent itled to be discharged from office and liability. Conservator(s) further show(s) that all required inventories and returns have been filed with this Court. 2. Conservator(s) further show(s) (initial a or b:) a. The former minor is now of age. b. There is no longer a necessity to continue the conservatorship because (i) the minor or adult ward is deceased. (ii) the ward’s powers have been restored. (iii) the conservator(s) has/have filed a Petition to Resign. (iv) other: Effective 7/11 GPCSF 34 Petitioner 3. Conservator(s) pray(s) that (initial applicable) a. Since the ward is/was an adult ward, (i) the Court waive the hearing requirements pursuant to O.C.G.A. §29-3-71 or O.C.G.A. §29-5- 81 and discharge the con servator/s from office and liability because the former adult ward or the personal representative of his/her estate (being someone other than the conservator) has signed an acknowledgment of receipt of property and release of liability, attached hereto. (ii) as Conservator(s) of an adult ward who is deceased, the Court cite the adult ward’s personal representative for a final settlement of the conservator’s accounts. The adult ward’s personal representative, who is not the petitioner, is and can be found at the following address: __________________________________________________________ telephone: (iii) as Conservator(s) of a deceased adult ward and also being personal representative(s) of the ward’s estate, a guardian ad litem must be appointed to represent the deceased adult ward’s estate. (iv) as Conservator(s) of an adult ward who is living and has been restored to capacity, the Court cite the former adult ward for a final se ttlement of the conservator’s accounts. The former adult ward can be found at the following address: telephone: _________________________________. (v) as Conservator(s) of an adult ward who is living but has not been restored to capacity, the Court cite the adult ward for a final settlement of the conservator’s accounts and appoint a guardian ad litem for the ward. The adult ward’s successor conservator is _________________________ and can be found at the following address: __________________________________________________________ telephone: ______________. The adult ward can be found at t he following address: ______________ __________________________________________________________ telephone: . The ward’s guardian, if any, can be found at the following address: ____ telephone: _____________________________. (vi) As Conservator(s) of a deceased adult ward, and there being no assets remaining in the estate, a guardian ad litem must be appointed to represent the deceased adult ward’s estate. GEORGIA PROBATE COURT STANDARD FORM Effective 7/11 GPCSF 34 Petitioner b. since the ward is/was a minor, (i) the Court waive the hearing requirements pursuant to O.C.G.A. §29-3-71 or O.C.G.A. §29-5- 81 and discharge the conservator/s from office and liability because the former minor or the personal representative of his/her estate (being someone other than the conservator) has signed an acknowledgment of receipt of property and release of liability, attached hereto. (ii) as Conservator(s) of a minor who is now 18 years of age, the Court cite the former minor for a final settlement of the conservator’s accoun ts. The former minor can be found at the following address: ____________ __________________________________________________________ __________________________________________________________ telephone: . (iii) as Conservator(s) of a minor who is deceased, the Court cite the minor’s personal representative for a final settlement of the conservator’s accounts. The minor’s personal representative is ___________________ ____________________ ____ and can be found at the following address: __________________________________________________________ _______________________telephone:___________________________ (iv) as Conservator(s) of a minor who is deceased and also being the pers onal representative of the minor’s estate, a guardian ad litem must be appointed to represent the minor’s interest. (v) as Conservator(s) of a minor who is living, the Court cite the successor conservator(s) for a final settlement of the c onservator’s accounts. A guardian ad litem must be appointed to represent the minor. The minor’s successor conservator is _______________________________________ and can be found at the following address: ________________________ __________________________________________________________ _______________________ telephone: __________________________ The minor can be found at the following address:___________________ __________________________________________________________ ____________________telephone: . 4. Attached as Exhibit “A” is the final return showing to whom the estat e assets have been disbursed. GEORGIA PROBATE COURT STANDARD FORM Effective 7/11 GPCSF 34 Petitioner 5. Additional Data: Where full particulars are lacking, state here the rea sons for any such omission. ______________________________________________________________________________ ______________________________________________________________________________ WHEREFORE, conservator(s) seek(s) discharge from office and all liabil ity and, therefore, pray(s) 1. that the Court issue citation as reque sted above pursuant to O.C.G.A. §29-3-71(b) or O.C.G.A. §29-5-81(b); 2. that the Court examine all returns and accounts of the conservator(s) during t he settlement period; 3. that notice be served and published as required by law and 4. that an order is sue releasing and discharging the conservator(s) from office and from all liability. _______________________________________ _____________________________________ Signature of conservator Signature of co-conservator, if any _______________________________________ ______________________________________ Printed Name Printed Name _______________________________________ ______________________________________ Address Address _______________________________________ ______________________________________ _______________________________________ ______________________________________ Telephone Number Telephone Number Signature of Attorney: __________________________________ Typed/printed name of Attorney: __________________________________ Address: __________________________________ __________________________________ Telephone: State Bar # ________ GEORGIA PROBATE COURT STANDARD FORM Effective 7/11 GPCSF 34 Petitioner VERIFICATION GEORGIA, COUNTY Personally appeared before me the undersigned conservator(s) who on oath stat e(s) that the facts set forth in the foregoing petition are true. Sworn to and subscribed before me this day of , 20 . ______________________________________ Conservator ______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires - --------------------------------------------------------------------------------------------------------- -------------------- Sworn to and subscribed before me this day of , 20 . _______________________________________ Co-Conservator, if any _______________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires GEORGIA PROBATE COURT STANDARD FORM Effective 7/11 GPCSF 34 Petitioner CAUTION: DO NOT SIGN UNTIL YOU READ AND UNDERSTAND ACKNOWLEDGMENT OF RECEIPT OF PROPERTY AND RELEASE OF LIABILITY IN RE: ESTATE OF ESTATE NO. The undersigned acknowledges that the conservator(s) has/have turned over all a ssets held in the conservatorship to the undersigned, being (initial one:) a. the personal representative(s) of the former minor/ward’s estate. b. the former minor ward upon reaching the age of eighteen or his or her emancipat ion. c. the former adult ward after restoration to competency. d. the successor conservator(s). By signing thi s document, the undersigned acknowledges that he/she has received a copy of the Petition for Discharge from Office and Liability, the Final Return, and the re ceipt of $ and all other property from the conservator(s); waives any hearing requir ed under O.C.G.A. §29-3-71 or O.C.G.A. §29-5-81; and further consents that the conservator(s) may be discharged f rom office and from all liability. By signing this document you are agree ing that the conservator acted appropriately, the amount that you are receiving is correct and you have no objections to the conservator’s actions. Sworn to and subscribed before _____________________________________ me this day of , 20 . Personal Representative(s), Former Minor/Ward, or Successor Conservator(s) ______________________________________ Notary Public/Clerk of Probate Court Printed name My Commission Expires __________________ -------------------------------------------------------------------------------------------------------- ----------------------- Sworn to and subscribed before _______________________________________ me this day of , 20 . Second Personal Representative(s), Former Minor/Ward, or Successor Conservator(s), if any _______________________________________ Notary Public/Clerk of Probate Court Printed name My Commission Expires ____________________ Effective 7/11 GPCSF 34 Court Petition of Conservator for Final Settleme nt of Accounts and Discharge from Office and Liability 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). GEORGIA PROBATE COURT STANDARD FORM Effective 7/11 GPCSF 34 Court IN THE PROBATE COURT OF COUNTY STATE OF GEORGIA IN RE: ) ESTATE NO. ) , ) PETITION OF CONSERVATOR (MINOR)(ADULT WARD) ) FOR FINAL SETTLEMENT ) OF ACCOUNTS AND DISCHARGE FROM , ) OFFICE AND LIABILITY CONSERVATOR(S) ) ORDER FOR CITATION, PUBLICATION, AND APPOINTMENT OF GUARDIAN AD LITEM, IF NECESSARY The above petition having been read and considered, it is Ordered that citation issue and be published one time at least 30 days before th e deadline for objections. (Initial any and all which apply:) a. IT IS ORDERED that, discharge from liability being sought, and the form er minor/ward or successor conservator(s) or representative(s) of the deceased ward ’s estate not waiving service, notice be served p ersonally, together with a copy of the petition, at least ten days before t he deadline for filing objections, on . b. IT IS ORDERED that, discharge from liability being sought, notice be served by first class mail together with a copy of the petition and final return on the registered agent for service of process for , the surety for the conservator (and the guardian of the above ward). c. IT IS ORDERED that the ward being a minor still under the age of maj ority, or an adul t ward still in need of a conservator, or the representative of the deceased ward’s estate being the former conservator, that _________________________________________________________________ is appointed guardian ad litem for the minor/ward, and that said guardian ad li tem be personally served with a copy of the foregoing Citation and Petition for Discharge and notic e of this appointment, and that upon said guardian ad litem’s acceptance of same, said guardian ad litem shall make answ er thereto. This appointment is limited to this proceeding only and shall cease when a final o rder is entered on this petition. SO ORDERED this day of , 20 . ___________________________________________ Probate Judge GEORGIA PROBATE COURT GEORGIA PROBATE COURT STANDARD FORM Effective 7/11 GPCSF 34 Court CITATION PROBATE COURT OF COUNTY RE: ESTATE OF , (FORMER) MINOR/WARD. Date of Publication, if any: TO WHOM IT MAY CONCERN AND : : The conservator(s) of the above estate, has/have applied for Discharge from said trust. This is to notify the above interested party(ies) to show cause, if any they can, why said conservator(s) should not be discharged from office and liability. All objections must be in writing, se tting forth the grounds of any such objections, and filed with the above Probate Court, (address) ________________________________ __________________________________________________________________________ o n or before ___________________ , 20 , said date being more than 30 days from the date of publication, or if personally served, then 10 days from the date of such service. All pleadings must be signed before a notary public or probate court clerk, and filing fees must be tendered with your pl eadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/t elephone number for the required amount of filing fees. If any objections are filed, a hearing will be (held on__________________________________ at _______ o’clock____ m. at _______________________________________________________________ _____________________) (scheduled for a later date). If no objections are filed, the petition may be granted without a hearing. ______________________________________ PROBATE JUDGE By: __________________________________ PROBATE CLERK/DEPUTY CLERK _____________________________________ ADDRESS ______________________________________ ______________________________________ TELEPHONE Effective 7/11 GPCSF 34 Court GEORGIA PROBATE COURT STANDARD FORM CERTIFICATE OF MAILING This is to certify that I have this day served the registered agent for servic e of process as designated by the conservator’s surety with a copy of the petition, Order for Cita tion, and Citation by placing a copy of same in an envelope addressed to the registered agent for serv ice of process as designated by the conservator’s surety and depositing same in the United States Mai l, first-class, with adequate postage thereon. _____________________________________ DATE PROBATE CLERK/DEPUTY CLERK Effective 7/11 GPCSF 34 Court GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF COUNTY STATE OF GEORGIA IN RE: ) ESTATE NO. ) , ) PETITION OF CONSERVATOR (MINOR)(ADULT WARD) ) FOR FINAL SETTLEMENT OF ) ACCOUNTS AND DISCHARGE FROM , ) OFFICE AND LIABILITY C ONSERVATOR(S) ) ORDER The above petition, averring that the conservator(s) has/have fully di scharged the duties of conservator's(s') trust, was duly filed in this Court, citation was duly issued and published as required by law, and no objection being filed, and it appears from an examination of the conditi on of the estate and the conduct and accounts of the conservator(s) that the conservator(s) has/h ave faithfully and honestly discharged the trust and confidence reposed in the conservator(s) and th at conservator(s) is/are legally entitled to discharge therefrom, (initial applicable) a. and that the former minor/ward has acknowledged receipt of all guardians hip assets b. and that the guardian ad litem has consented to said discharge c. and all interested parties having consented to said discharge and no good cause has been shown to the contrary. Therefore, IT IS ORDERED that conservator(s) is/are hereby discharged from said t rust and from office and all liabi lity. SO ORDERED this day of , 20 . ___________________________________________ Probate Judge