Fill and Sign the Petition for Leave to Convey or Encumber Property Form

  GPCSF 17 [i] Eff. July 2017 PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET ASIDE AS YEAR’S SUPPORT INSTRUCTIONS I. Specific Instructions 1. This form is to be used when p etitioning for leave to convey or encumber property set aside as year’s support, pursu ant to O.C.G.A. § 53-3-20. 2. This form is prepared on the assumption that the surviving spou se is the Petitioner. If this is not the case, modify the form accordingly. The Petitio n may be brought either by a surviving s pouse who participated in the award or by the guardian of the property of a minor child who participated in the award. 3. A recent appraisal should be used if available; otherwise, a copy of the most recent ad valorem tax statement should be provided. If the appraised val ue or tax value is higher than the selling price, explain the discrepancy on an additiona l sheet, and add a reference to this in Paragraph 5 of the petition. In addition, if there is a sales contract, a copy of the contract should be a ttached to this Petition as an exhibit. 4. 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 may 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. 5. Use Supplement 3 when an addition al certificate of service is necessary. 6. 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 sai d exhibit should be inserted into the appropriate place in the form. 7. Necessity for Filing; Venue a. Pursuant to O.C.G.A. § 53-3-19, it is not necessary to obtain P robate Court approval if the children for whom the award was made who are no w sui juris will join in the conveyance or encumbrance, unless at least one of the children for whom the award was made is still a minor. b. Venue: The petition must be filed in the county where the year’ s support award was originally granted. O.C.G.A. § 53-3-19 (b). 8. Method of Service pursuant to O .C.G.A. § 53-3-20 is required. a. Adult children for whose benefit the year’s support was set apa rt with known addresses in this state who do not acknowledge service shall be served personally not less than ten (10) days prior to the date set for hearing.   GPCSF 17 [ii] Eff. July 2017 b. Signatures of those who acknowledg e service must be sworn to before a notary public or the Clerk of any Probate Court of this state. An atto rney at law may acknowledge service on behalf of his/her client; however, the a ttorney must certify that he or she currently represents that individual wit h 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 as provided above. It is not necess ary that all acknowledgments appear on the same page c. Adult children for whose benefit the year’s support was set apa rt with unknown addresses or residing out of s tate who do not acknowledge servi ce shall be served by: i. Publication of notice in the legal organ one (1) time not less than ten (10) days prior to the da te set for hearing; ii. Posting of notice at the courthouse not less than ten (10) days prior to the date set for hearing; and iii. Mailing by first-class mail a copy of the notice to the last known address not less than ten (10) days prior to the date set for hearing. d. 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 appoint a guardian ad litem or determine that the natural guardian, guard ian, conservator, or testamentary guardian has no conflict and may serve. Should a guardian ad litem be necessary because a party i s not sui juris, use Supplement 1. 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, labele d GPCSF 1.   GPCSF 17 [1] Eff. July 2017 IN THE PROBATE CO URT OF _________________COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ________________________________, ) ESTATE NO. _____________ DECEASED ) PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET ASIDE AS YEAR’S SUPPORT 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 and being the _____________ of the above-named decedent, shows to the Court the following: Relationship [Note: The petition may be brought eith er by a surviving spouse who participated in the award or by the guardian of the property of a minor child wh o participated in the award.] 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. On ________________, 20________, the Probate Court of this Coun ty awarded a year’s support to the Petitioner and the following child(ren) of said decedent: Last Known Address Present Name Current Address (if current unknown) Age ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________   GPCSF 17 [2] Eff. July 2017 3. The year’s support award included the following described real estate located in ____________________________________ County, Georgia (the same being recorded in _______________________ County Probate Court). A complete legal description of such real property is: 4. It is necessary for Petitioner to (convey) (encumber) said prop erty for the purpose of: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. The nature and terms of said (conv eyance) (encumbrance) are as follows: [Initial (a) or (b)] ______ (a) Sale according to the conditions and terms of the co ntract. ______ (b) Encumbrance of the real property to secure a loan in the principal amount of $____________________, the interest rate being __________% per annum, and to be repaid at the rate of $_________________ per month for ____ mon ths; if needed, Petitioner will execute a deed to secure debt for the purpose o f securing the loan. Attached hereto as Exhibit __ is a copy of the contract for, sale, lien, or encumbrance of real estate. Attached hereto as Exhibit __ is a copy of the most recent ad v alorem tax or appraisal showing the current value of the property to be $______________ __________________.   GPCSF 17 [3] Eff. July 2017 6. With respect to any child named in Paragraph 2 above whose curr ent address is shown as “unknown,” Petitioner certifies that the current address is unk nown to Petitioner and cannot be easily ascertained, and that the last known address for any suc h person is listed in Paragraph 2. 7. Of the children named in Paragraph 2 above, ___________________ ________________ ______________________________________________________________________________ is/are still under the age of 18, and must have a guardian ad litem appointed to represent him/her/them. WHEREFORE the petitioner pray s in accordance with O.C.G.A. § 53 -3-20: 1. That a hearing be set on this petition; 2. That a guardian ad litem be a ppointed to represent the minor children concerned; and 3. That the petition be granted a fter notice as required by la w. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney ______________________________________________________ Printed Name of Attorney ______________________________________ ________________ Address ______________________________________________________ ______________________________________________________ Telephone Number __________________ State Bar # ______________ ___________   GPCSF 17 [4] Eff. July 2017 VERIFICATION   GEORGIA, __________________ COUNTY Personally appeared before me the undersigned Petitioner who, a fter being duly sworn, states that the facts set forth in the foregoing Petition for L eave to Convey or Encumber Property Previously Set Aside as Year’s S upport heretofore awarded from the estate of the above decedent as year’s support (and the attach ed 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 17 [5] 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 17 [6] Eff. July 2017 IN THE PROBATE CO URT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________ , ) ESTATE NO. ____________ DECEASED ) PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET ASIDE AS YEAR’S SUPPORT ORDER FOR SERVICE OF NOTICE The foregoing Petition having been read and considered, let notice issue and be served personally pursuant to O.C.G.A. § 53-11-3 upon all children with known addresses who are age 18 or over and have not acknowledged service. If there are any children whose current addresses are unknown who are age 18 or over and have not acknowledged service, then the following notice shall be published on e (1) time at least ten (10) days prior to the hearing, and a copy of the notice shall be posted at the Courthous e and mailed by first-class mail to the last known addresses of any such children at least ten (10) da ys prior to the date set for the hearing. This _______ day of __________, 20____. _______________________________________ Judge of the Probate Court   GPCSF 17 [7] Eff. July 2017 IN THE PROBATE CO URT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________ , ) ESTATE NO. ____________ DECEASED ) PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET ASIDE AS YEAR’S SUPPORT NOTICE To: ___________________________________________________________ _____________ _____________________________________________ and to whom it ma y concern: A Petition has been filed seeking an Order of this Court granti ng leave to (convey) (encumber) certain property heretofore set apart from the estat e of the above-named decedent as year’s support. This is to notify those persons named above wh o are not required to be personally served that they must file their response to the Petition with the Court on ____________________ __________, 20____, and the persons who are required to be pers onally served are: ______________________________________________________________________________ [List children with known addresses.] and they must file their response by the above date or the tent h (10th ) day after they are personally served, whichever is later. BE NOTIFIED FURTHER : All objections to the Petition must be in writing, setting fo rth the grounds of any such object ions. All objections should be s worn 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 (h eld on _____________________, 20_____) (scheduled at a later date). If no objections are fil ed, the Petition may be granted without a hearing. _________________________ ____________ Judge of the Probate Court By: _________________________________ Clerk of the Probate Court GPCSF 17 [8] Eff. July 2017 IN THE PROBATE CO URT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________ , ) ESTATE NO. ____________ DECEASED ) CERTIFICATE OF SERVICE [Notice should be given to all interested parties and the Personal Representative, if one has been appointed, of the Decedent’s estate and the Tax Commissioner for any County in which the Decedent owned property must be listed here.] I certify that I have this date mailed ( unless otherwise noted) in an envelope with the proper postage affixed thereto fo r first-class mail delivery copies of the _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ to the follo wing parties at the add resses below: This _______ day of ________________, 20____. ____________ _____________ ____________ Clerk of the Probate Court ____________ _____________ ____________ ____________ _____________ ____________ Address ____________ _____________ ____________ Telephone Number   GPCSF 17 [9] Eff. July 2017 IN THE PROBATE CO URT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________ , ) ESTATE NO. ____________ DECEASED ) ACKNOWLEDGMENT OF SERVICE AND CONSENT BY ADULT CHILDREN I hereby acknowledge service of the Petition of _______________ _________________ for leave to sell or encumber the property set apart as year’s support to the persons shown in the petition. I am over 18 years of age and suffer no mental disab ility. I hereby consent to the granting of the petition, and I agree th e Petitioner should be allowed t o make the (encumbrance) (conveyance). Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ________ _____________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ________________ --------------------------------------------------------------- ------------------------------------------ ------------ Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ________ _____________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ________________ --------------------------------------------------------------- ------------------------------------------ ------------ Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ________ _____________________________ Signature ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ________________   GPCSF 17 [10] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________ , ) ESTATE NO. ____________ DECEASED ) ORDER The Petition of ______________________________________________ ____, praying for leave to (convey) (encumber) certain real property heretofore a warded from the estate of the above decedent as year’s support, having been read and considered, an d it appearing to the Court that notice was duly issued and served as required by law; it furthe r appearing that a guardian ad litem was duly appointed to represent the interests of the minor chil d(ren) __________________ ____________________________________________________ who are st ill under the age of 18, who has made answer thereto ap proving the proposed transaction; it also appearing that no objections have been filed in this matter, and that it is neces sary and in the best interests of the minor child(ren) _________________________________________ stil l under the age of 18 that said real property be (conveyed) (encumbered) as set forth in t he petition; IT IS ORDERED that said petition to (convey) (encumber) be, an d the same is hereby, GRANTED. This ____ day of _____________, 20____. _______________________________________ Judge of the Probate Court