Fill and Sign the Petition for Letters of Administration with Will Annexed Form

GPCSF 8 [i] Eff. July 2017 PETITION FOR LETTERS OF ADMIN ISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) INSTRUCTIONS I. Specific Instructions 1. This form is to be used in connection with a Petition for Lette rs of Administration with Will Annexed when the Will has been previously probated pu rsuant to O.C.G.A. § 53-6-15 (b). In the event the will has not been previously probated, Form 7, Petition for Letters of Administration w ith Will Annexed, should be used. 2. Signatures of beneficiaries who acknowledge service must be swo rn to before a notary public or the Clerk of any Probate Court of this State. An attorney at law may acknowledge service on behalf of a beneficiary; however, the attorney must certify that he or she currently represents that beneficiary with regard to the pending matter and, in order to comply with O.C.G.A. § 53-11-6, the attorney’s signatu re must be sworn as provided above. It is not necessary that all acknowledgments a ppear on the same page. With regard to a power of attorney, the attorney-in-fact may ac knowledge service on behalf of the grantor of the power, provided that the power of attorney grants such authority, the signature of the at torney-in-fact is attested, a copy of the power of attorney is attached, and the attorney-in-fact certifies that the copy i s a true copy and is still in effect. 3. O.C.G.A. § 53-6-15 (b) provides that the petition shall be ser ved on the beneficiaries of the Will and the Executor, if any, of any deceased Executor who se death created the vacancy in the manner described in Chapter 11 of Title 53. O.C. G.A. § 53-11-3 (a). 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 appoint a guardian ad litem or determine that the natural guardian, guardian, conserv ator, or testamentary guardian has no conflict and may serve. Should a guardian ad litem be necessary because a party is not sui juris, use Supplement 1. 5. Use Supplement 2 if the Court determines it is appropriate to a ppoint a special process server. 6. Use Supplement 3 when an addition al certificate of service is necessary. 7. 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 said ex hibit should be inserted into the appropriate place in the form. 8. An oath must be administered by a Probate Judge or Clerk (the o ath cannot be administered by a notary public). Use Georgia Probate Court Supplement 4 for the oath. The oath is not included in this form. Georgia Probate Court S tandard Form 53, Commission to Administer Oath, can be used if the oath is to be administered by a court outside the State of Georgia. GPCSF 8 [ii] Eff. July 2017 9. 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 Notice regarding Uniform Prob ate Court Rule 5.6 (A) are to be completed by the movi ng 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 8 [1]Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR LETTERS OF ADMIN ISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) 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 shows to the Court the following: 1. The Will dated _________________ ___ (and Codicil(s) dated ________________ ____) was/were previously probated and a Final Order was entered on __________________ __ __ __. 2. Listed below are all of the beneficiaries under said Will previously probated who have a present interest, including but not limited to a vested remaind er interest but not including trust beneficiaries where there is a trustee who is not the nominated Administrator with Will Annexed. Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 8 [2]Eff. July 2017 3. Petitioner(s) further show(s) that the circumstances giving ris e to the need for an Administrator with Will Annexe d (Will previously probated) are as follows: [Initial all that apply] ____ (a) The appointed Executor is deceased. ____ (b) The appointed Executor has renounced or declined his/h er right to serve as such. [Attach Renunciation as Exhibit “____.”] ____ (c) Other reason a testate e state is unrepresented:_________________________ 4. The Petitioner(s) ____________________________________________ __ is/are entitled to be appointed Administrator(s) with Will Annexed by reason of : [Initial (a) or (b) and complete (b) if initialed] _____ (a) Having been unanimously selected by the beneficiaries of the Will, which was previously probated, who are capable of expressing a choice. I f the sole beneficiary is the Decedent’s Su rviving Spouse, no action for divorce or separate maintenance was pendi ng at the time of death of the De cedent. _____ (b) Appointment of the Proposed Administrator(s) with Wil l Annexed named above will best serve the intere st of the estate and the Propos ed Administrator(s) with Will Annexed is/are: ( 1) A beneficiary or the trustee of any trust that is a beneficiary under the Will. ( 2) A surviving spouse and no action for divorce or separate maintenance were pending or completed at the time of the Decedent’s death. (3) An eligible person a s defined in O.C.G.A. § 53-6-1 . (4) A creditor of the estate. [Evidence of such indebtedness is attached as Exhibit “____.”] ( 5) The county administrator. 5. The proposed Administrator(s) with Will Annexed should be allo wed to qualify without the necessity of posting bond, since only Personal Representati ves of intestate estates and Temporary Administrators are normally required to post bond. S ee O.C.G.A. § 53-6-50 (a). 6. To the knowledge of the Petitioner(s), no other proceedings wit h respect to this estate are pending, or have been completed, in any other Probate Court in this state or any other state. GPCSF 8 [3] Eff. July 2017 7. Additional Data: [Where full particulars are lacking, state here the reason for any su\ ch omission or any special circumstances. If the Propounder is not an heir or a beneficiary under the Will, state how the Propounder is in terested in the administration of the estate. If it is alleged that a nominated executor has failed to qualify, state here the name and address of such nominated executor.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ WHEREFORE, Petitioner(s) pray(s): 1. That due and legal notice of thi s Petition be given as the law requires; 2. That Letters of Administration with Will Annexed, Will previous ly probated, issue to the proposed Administrator(s) with Will Annexed named above; 3. That this Court grant such other and further relief as it deems proper under the circumstances. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney ______________________________________________________ Printed Name of Attorney ______________________________________ ________________ Address ______________________________________________________ ______________________________________________________ Telephone Number __________________ State Bar #______________ __________ GPCSF 8 [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 Letters of Administration with Will Annexed (Will Previously Probated) (and the attached Exhibits(s )) are true and correct. Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ________ _____________________________ Signature of Petitioner ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COUR T Printed Name of Petitioner My Commission Expires ________________ GPCSF 8 [5] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ACKNOWLEDGMENT OF SERVICE AND SELECTION BY BENEFICIARIES The undersigned, being 18 years of age or older, laboring under no legal disability and being a beneficiary of the above -referenced estate, hereby acknowledges service of a copy of Petition for Letters of Administration with Will Annexed (Will Previously Probated), and notice, waives copies of same and all further service and notice, selec ts the person proposed in said petition to be Administrator wi th Will Annexed and consents to the Petition. Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ________ ____________________________ Signature of Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Beneficiary My Commission Expires ________________ --------------------------------------------------------------- ------------------------------------------ ------------ Sworn to and subscribed before me this ______ day of _______________, 20_____ __________________ __________________ Signature of Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Beneficiary My Commission Expires ________________ --------------------------------------------------------------- ------------------------------------------ ------------ Sworn to and subscribed before me this ______ day of _______________, 20_____ __________________ __________________ Signature of Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Beneficiary My Commission Expires ________________ GPCSF 8 [6] 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 8 [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 The foregoing Petition for Lette rs of Administration with Will Annexed (Will Previously Probated) having been filed, ser vice is ordered as follows: [Initial all that apply] ______ Notice together with a copy of the Petition and Will shall be served personally, or by registered or certified mail or statutory overnight delivery , as requested by the Petitioner together with a copy of the Petit ion and pursuant to O.C.G.A. § 53-11-3 and the Will (and codicil(s)), at least ten (10) days before the Petition can be granted on the following interested parties who reside in Georgia (i f mailed, must be with return receipt requested, and restricted delivery to addressee only): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice together with a copy of the Petition and Will sha ll be served by registered or certified mail or statutory ove rnight delivery, return receipt requested, pursuant to O.C.G.A. § 53-11-4, upon the following nonresiden t interested parties whose current residence addresses are known: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice shall be p ublished once a week for four (4) weeks 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: ______________________________________________________________________________ ______________________________________________________________________________ SO ORDERED this _______ day of ________________, 20____. _______________________________________ Judge of the Probate Court GPCSF 8 [8] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) NOTICE IN RE: Petition for Letters of A dministration with Will Annexed (Will Previously Probated) [Strike any paragraph if not applicable.] TO: ________________________________________________________________________ [List here all interested parties who reside in Georgia to be served personally or by registered or certified mail or statutory overnight deliver y 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 th e above-referenced Petition in this Court on or before the tenth (10th) day after the date you are personally served or sign the return receipt. TO: ________________________________________________________________________ [List here all interested parties 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. TO: ________________________________________________________________________ [List here all interested parties having k nown addresses in the continental U.S. to be served by registered or certified mail or statutory overnight deli very with restricted delivery to the addressee, if specifically requested by Petitioner(s)] This is to notify you to file objection, if there is any, to th e above-referenced Petition in this Court on or before the thirteenth (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. GPCSF 8 [9] Eff. July 2017 TO: ________________________________________________________________________ [List here all interested parties having unknown addresses to be served by publication] This is to notify you to file objection, if there is any, to th e above referenced Petition, in this Court on or before _________________, 20_____. BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting for th the grounds of any such objections. All objections must 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 8 [10] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) CERTIFICATE OF SERVICE I certify that I have this date mailed (unless otherwise noted ) in an envelope with the proper postage affixed thereto for firs t-class mail delivery copies of the ____________________ ____________________________________ to the following parties a t the addresses below: This _______ day of ________________, 20____. _________________________ ____________ Clerk of the Probate Court _________________________ ____________ _________________________ ____________ Address _________________________ ____________ Telephone Number GPCSF 8 [11] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ORDER The foregoing petition for Letters of Administration with Will Annexed (Will Previously Probated) having been duly filed, And it appearing that the Will of the Decedent was previously p robated in this Court, And it also appearing that __________________________________________________ has/have leave to qualify as Administrator(s) with Will Annexe d, The Court further finds that all of the beneficiaries of the Wi ll were served or acknowledged service. The Court further finds that no objectio n has been filed, and all requirements of law have been fulfilled. ACCORDINGLY, IT IS ORDERED that that the person(s) found above has/have leave to qualify as Administrator(s) with Will Annexed by taking the req uired oath, after which Letters of Administration with Will Annexed shall issue. The Clerk shall s erve the Administrator(s) with Will Annexed with copies of thi s Order and the Letters upon qua lification. IT IS FURTHER ORDERED that the P ersonal Representative(s) shall disburse all property according to the terms of the Decedent’s Will and shall maintai n all records of income and disbursements until discharg ed by Order of this Court. IT IS FURTHER ORDERED that: [initial all that apply] ______ (a) An inventory shall be filed. ______ (b) Annual returns shall be filed. SO ORDERED this _______ day of ________________, 20____. _________________________ ____________ Judge of the Probate Court GPCSF 8 [12]Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) L ETTERS OF ADMINISTRATION WITH WILL ANNEXED [ Relieved of Filing Returns and/or Certain Powers Granted at Time of Appointment] At a r egu lar term of the Probate Co ur t, the Last Will and Testa ment d ated ___________________________ (and Codicil(s) dated ___________________________) o f the above named Decedent, who was domiciled in this County at the time of his or her death or was domiciled in another state but owned property in this County at the time of his or her d eath, was legally proven in (Solemn Form)(Common Form) and was admitted to record by o rder, and it was further ordered that __ ________________________________ be allowed to q ualify as Administrator with the Will Annexed, and that upon doing so, Letters of Administration with the Will Annexed be issued to said individual(s). NOW, THEREFORE, the Administrator, having taken the oath of office and complied with all the necessary prerequisites of the law, is/are legally author ized to discharge all the duties and exercise all the powers of Executor(s) under the Will of said deceased and of Administrator(s) with the Will Annexed according to the Will and the law. IT IS FURTHER ORDERED that th e undersigned judge does hereby [Initial all that apply] ______ (a) POWERS GRANTED: Grant to the Administrator(s) all of the powers contained in O.C.G.A. § 53-12-261. ______ (b) REPORTS WAIVED : Grant to the Administrator(s) the specific power to serve without making and filing inventory, and without filing any ann ual or other returns or reports to any court; but the fiduciary(ies) shall furnish t o the heirs, at least annually, a statement of receipts and disbursements. ______ (c) BOND WAIVED: Waive the specific requirement to post bond. Given under my hand and offici al seal, the ____ day of _________________, 20____. ____________________________________ Judge of the Probate Court NOTE: The following must be signed if the Judge does not sign the original of this document: Issued by: [Seal] _____________________________________ Clerk of the Probate Court GPCSF 8 [13]Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) L ETTERS OF ADMINISTRATION WITH WILL ANNEXED [Not Relieved of Filing Returns] At a regular term of Probate C ourt, the Last Will and Testament dated _ _____________________________ (and Codicil(s) dated ____________________________ _) o f the above-named Decedent, who was domiciled in this County at the time of his or her death or was domiciled in another state but owned property in this County at the time of his or her d eath, was legally proven in (Solemn Form)(Common For m) to be the Decedent’s Will and was admitted to record by order, and it was further ordered that ______________________________ b e allowed to q ualify as Administrator(s) with Will Annexed, and that upon do ing so, Letters o f Administration with Will Annexed be issued to said individual(s). THEREFORE, the said Administrator(s), having taken the oath of office and com plied with all the necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all the p owers o f Executor(s) u nder the Will o f said Decedent a nd of A dministrator(s) with W ill Ann exed according to the D ecedent’s W ill and the law and is/are hereby required to render a true and correct inventory of property, both real and personal, and any and all debts of the estate and make a return of them to this Cour t, and further, to file a proper annual or final return with this Court each year within sixty (60) days after the anni v ersary date of appointment until the Adm inistration is fully discharged. Given under my hand and offi cial seal, the ____ day of _________________, 20____. _________________________________ Judge of the Probate Court NOTE: The following must be signed if the Judge does not sign the original of this document: Issued by: [Seal] _____________________________________ Clerk of the Probate Court