Petition for Leave to Convey or Encumber Property

PETITION FOR LEAVE TO CONVEY OR ENCUMBER PROPERTY PREVIOUSLY SET ASIDE AS YEAR’S SUPPORT

IN THE PROBATE COURT 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 ,

whose physical address(es) is/are ,

and mailing address(es) is/are ,

and being the of the above-named decedent, shows to the Court the following:

[Note: The petition may be brought either by a surviving spouse who participated in the award or by the guardian of the property of a minor child who participated in the award.]

1.

,

whose place of domicile was ,

departed this life on .

2.

On , the Probate Court of this County awarded a year’s support to the Petitioner and the following child(ren) of said decedent:

Children

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 property for the purpose of:

5.

The nature and terms of said conveyance encumbrance are as follows:

[Initial (a) or (b)]

(a) Sale according to the conditions and terms of the contract.

(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 months; if needed, Petitioner will execute a deed to secure debt for the purpose of 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 valorem tax or appraisal showing the current value of the property to be $.

6.

With respect to any child named in Paragraph 2 above whose current address is shown as “unknown,” Petitioner certifies that the current address is unknown to Petitioner and cannot be easily ascertained, and that the last known address for any such 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 prays 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 appointed to represent the minor children concerned; and

3. That the petition be granted after notice as required by law.

VERIFICATION

GEORGIA, COUNTY

Personally appeared before me the undersigned Petitioner who, after being duly sworn, states that the facts set forth in the foregoing Petition for Leave to Convey or Encumber Property Previously Set Aside as Year’s Support heretofore awarded from the estate of the above decedent as year’s support (and the attached Exhibit(s)) are true and correct.

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).

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 one (1) time at least ten (10) days prior to the hearing, and a copy of the notice shall be posted at the Courthouse and mailed by first-class mail to the last known addresses of any such children at least ten (10) days prior to the date set for the hearing.

This day of , 20.

Judge of the Probate Court

NOTICE

To: and to whom it may concern:

A Petition has been filed seeking an Order of this Court granting leave to convey encumber certain property heretofore set apart from the estate of the above-named decedent as year’s support. This is to notify those persons named above who are not required to be personally served that they must file their response to the Petition with the Court on , and the persons who are required to be personally served are:

and they must file their response by the above date or the tenth (10th) day after they are personally served, whichever is later.

BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting forth 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. If no objections are filed, the Petition may be granted without a hearing.

Judge of the Probate Court

By:

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 for first-class mail delivery copies of the

to the following parties at the addresses below:

This day of , 20.

Clerk of the Probate Court

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 disability. I hereby consent to the granting of the petition, and I agree the Petitioner should be allowed to make the encumbrance conveyance.

ORDER

The Petition of , praying for leave to convey encumber certain real property heretofore awarded from the estate of the above decedent as year’s support, having been read and considered, and it appearing to the Court that notice was duly issued and served as required by law; it further appearing that a guardian ad litem was duly appointed to represent the interests of the minor child(ren) who are still under the age of 18, who has made answer thereto approving the proposed transaction; it also appearing that no objections have been filed in this matter, and that it is necessary and in the best interests of the minor child(ren) still under the age of 18 that said real property be conveyed encumbered as set forth in the petition;

IT IS ORDERED that said petition to convey encumber be, and the same is hereby, GRANTED.

This day of , 20.

Judge of the Probate Court