Fill and Sign the Petition for Years Support Instructions I Specific Instructions 1 Form

GPCSF 10 [i] Eff. July 2017 PETITION FOR YEAR’S SUPPORT INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for Year’s Suppor t pursuant to O.C.G.A. § 53-3-1 et seq. 2. The amount set apart shall be an amount sufficient to maintain the standard of living that the Surviving Spous e and each minor child had prior to the death of the Decedent, for a period of twelve (12) months, taking into consideration t he following: (1) the support available to the individual for whom the property or mo ney is to be set apart, from sources other than year’s support, including but not limit ed to any separate estate and earning capacity of that individual; and (2) such other rel evant criteria as the Court deems equitable and proper, inc luding the solvency of the estate. 3. This Petition must be f iled within twenty-four (24) months afte r Decedent’s death. 4. The Petitioner(s) or his/her/their attorney must prepare and fi le with the Court, no later than the date of the Final Order, a Georgia Department of Reven ue Form PT-61 for each parcel of real property locat ed in the State of Georgia shown on Exhibit “A.” 5. Signatures of heirs and benefici aries who acknowledge service m ust be sworn 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 an heir or beneficiary; howeve r, the attorney must certify that he or she currently represents that heir or benefi ciary with regard to the pending matter and, in order to c omply with O.C.G.A. § 53-11-6, the attorney’s signature must be sworn as provided above. It is not necessary that all acknowledgments appear on the sa me page. With regard to a power of attorney, the attorney-in-fact may acknowledge s ervice on behalf of the grantor of the power, provided that the power of attorney grants such authority, the signature of the attorney- in-fact is attested, a copy of the power of attorney is attached, and the attorney-in-fact certifies that the copy is a tr ue copy and is still in effect. GPCSF 10 [ii] Eff. July 2017 6. If the Decedent died without a Will or left a Will that has not yet been probated, Paragraph 3 requires sufficient factual information for the Court to conclude that those listed on Exhibit “B” include each and every heir of the Decedent and that there are not additional heirs of the same or closer degree according to O.C. G.A. § 53-2-1. These facts must allow the Court to rule out the possibility that the re may be other heirs of the same or closer degree who have not been listed. Provide in formation as to whether any deceased heirs died before or after the Decedent and the na me and address of the deceased heir’s Personal Represen tative, if applicable. The Personal Representative of a deceased heir is authorized to consent on behalf of that heir . O.C.G.A. § 53-7-1. [NOTE: If you are uncertain how t o determine the heirs of a Decedent, refer to the “Heirs Determination Worksheet” 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.” 7. Exhibit “B” also requires that the Tax Commissioner be listed f or each county in which there is real property owned by the Decedent. 8. 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, conserv ator, 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. 9. Use Supplement 2 if the Court de termines it is appropriate to appoint a special process server. 10. Use Supplement 3 when an addition al certificate of service is necessary. 11. 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 sa id exhibit should be inserted into the appropriate place in the form. 12. According to Uniform Probate Court Rule 5.6 (A), unless the Cou rt specifically assumes the responsibility, it is the responsibility of the mov ing party to prepare the proper citation and deliver it pr operly so it can be served according to law. All pages after the Notice regarding Unif orm Probate Court Rule 5.6 (A) a re to be completed by the moving party, unless otherw ise directed by the Court. II. General Instructions General instructions applicable to all Georgia probate court st andard forms are available in each probate court or at www.gaprobate.gov, labele d GPCSF 1. GPCSF 10 [1] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR YEAR’S SUPPORT The Petition of ___________________________________________________________ [Full name of Petitioner] 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 the Court the following: 1. The Petitioner is: _____ (a) The Surviving Spouse who has not married since the de ath of the Decedent. _____ (b) A guardian or other ind ividual acting on behalf of the minor child(ren), who have not turned 18 prior to the f iling of this Petition and have not married [state specific relationship] : _____________________________________ _______________________________________________________________________, [Full name of Decedent] First Middle Last whose place of domicile was____________________________________ __________________, Street City County State Zip Code   departed this life on _________________, 20 ______.   2. [Initial one] _____ (a) There is not a Will. [List in Exhibit “B” all of the Decedent’s heirs at law, with age or majority status, address and relationshi p to the Decedent set opposite the name of each. For any minor, include the date of birth and the name and address\ of the parent or guardian.] _____ (b) There is a Will, which has been offered for probate; however, a Personal Representative has not been appointed as of the date this Petit ion was filed. [List the Personal Representative to be appointed, all of the heirs at law of the Decedent, with age or majority status, address and rela tionship to the Decedent set opposite the name of each, the beneficiaries named in the Will in Exhibit “B.” For any minor, include the date of birth and the name and address of the parent or guardian.] _____ (c) There is a Will, which will be offered for probate. [List the Personal Representative to be appointed, all of the heirs at law of the Decedent, with age or majority status, address and relationship to the Decedent set opposite the name of each, the beneficiaries named in the Wi ll in Exhibit “B.” For any minor, include the date of birth and the name and address of the parent or guardian.] GPCSF 10 [2] Eff. July 2017 _____ (d) There is a Will, which will not be offered for probate but is hereby filed with this Petition as Exhibit “____” or is already on file with this Court. [List the Personal Representative named in the Will, all of the heirs at law of the Decedent, with age or majority status, address and relationship to the Decedent set opposite the name of each, the beneficiaries named in the Will in Exhibit “B.” For any minor, include the date of birth and the name and addre ss of the parent or guardian.] _____ (e) There is a Will, which has been probated. [List the appointed Personal Representative. The names of the beneficiari es are not required to be listed in Exhibit “B” unless the appointed Personal Represen tative and the Petitioner are the same person. For any minor, include the date of birth and the name and address of the parent or guardian.] A copy of the Final Order and Letters of Appointment are attached as Exhibit “____,” in th e event the Letters were not issued by the Probate Court named in the style above. _____ (f) There is an appointed Administrator. [List the appointed Personal Representative in Exhibit “B.” The names of the heirs are not required to be listed in Exhibit “B” unless the Personal Representative and the Pe titioner are the same person. For any minor, include the date of birth and the name and address of the parent or guardian.] A copy of the Final Order and Letters of Appointment are attached as Exhibit “____,” in the event the Letters were not issued by the Probate Court n amed in the style above. 3. Required for all estates in which the heirs must be listed in Exhibit “B” [Provide sufficient factual information to en able the Court to conclude that all of the heirs of the Decedent are included and that there are no heirs of the same or closer degree according to O.C.G.A. § 53- 2-1. Provide the names of any deceased heirs and include the date of death for each. [See instructions for further clarification.] Also, st ate here all pertinent facts that may govern the method of giving notice to any party and that may determine wh ether or not a guardian ad litem should be appointed for any party. If any heirs listed in Exhibit “B” are cousins, grandchildren, nephews or nieces of the Deceden t, indicate the deceased ancestor through whom they are related to the Decedent.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Petitioner shows that the minor child(ren) of the Decedent and/or the Surviving Spouse (is) (are) entitled, before the payment of debts of the Decedent, to an allowance called Year’s Support, which Petitioner hereby claims for the individual(s) named abov e. GPCSF 10 [3] Eff. July 2017 5. The Decedent’s estate consists of real and/or personal property of the probable value of _____________________________________ dollars. 6. A schedule of the property or a statement of the amount of mone y, or both, which the Petitioner proposes to have set aside to the following individu als: ______________________________________________________________________________ [List the full name(s) of the indi vidual(s) whom the Petitioner pr oposes the year’s support be set aside to, usually the Sp ouse and minor child(ren).] The schedule is attached hereto as Exhibit “A,” and made a part hereof. 7. In addition to all taxes and tax liens on real property accrued for years prior to the year of the Decedent’s death, Petitioner elects to have property taxes on any real property set apart as year’s support divested as follows: [Only select one] ( a) Real property taxes accr ued in the year of Decedent’s death; (b) Real property taxes accrued in the year in which this Petition is filed; or (c) Real property taxes accrued in the year following the filing of this Petition if this Petition is filed in the year of the Decedent’s death. 8. Additional Data: [Where full particulars are lacking, state here the reasons for any such omission.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 10 [4] Eff. July 2017 WHEREFORE, Petitioner prays: 1. That this Petition be accepted and filed. 2. That notice issue and be publishe d and served as described above. 3. That any interested person who is a minor or an incapacitated adult have a guardian ad litem appointed for him or her. 4. That this Court grant such other and further relief as it deems proper under the circumstances. This _____ day of ___________________, 20 _____. ____________________________________ Signature of the Petitioner ____________________________________ Printed Name of the Petitioner ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney ______________________________________________________ Printed Name of Attorney ______________________________________ ________________ Address ______________________________________________________ ______________________________________________________ Telephone Number __________________ State Bar #______________ __________ GPCSF 10 [5] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR YEAR’S SUPPORT EXHIBIT “A” SCHEDULE OF REAL AND PERSONAL PROPERTY FOR YEAR’S SUPPORT [NOTE: If the Petitioner proposes to have set as ide any interest in real property, then the complete legal (metes and bounds) de scription of the real property and the interest therein must appear in full on this Schedule and on the proposed Certificate of Order of Year’s Support (Pages 9-11).] The following is a schedule of the property or a statement of t he amount of money or both which the Petitioner proposes t o have set aside as year’s suppo rt: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 10 [6] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR YEAR’S SUPPORT EXHIBIT “B” LIST OF INTERESTED PERSONS [To be completed (1) if there is not an appointed Executor or Administrator of the estate, or (2) if the Petitioner has been appointed the Executor or Administrator of the Decedent’s estate.] Petitioner hereby certifies that h e/she has made reasonable inquiry to ascertain the names, last known addresses, and ages (i f under 18) of all the interested persons with respect to the within matter. Petitioner understands that, for purposes of this affid avit, the term “interested person” refers to the above-named Decedent’s children, spouse, other he irs at law, beneficiaries, creditors, and any others having a property right or claim against the estate which may be affected by the above Year’s Support proceeding, including but not limited to t he Tax Commissioner for each county in which the Decedent ow ned real property. Petitioner hereby certifies that the following are all of the interested persons known to Petitioner with respect to this matter and that any incapacitated adults are identified as such. [For each individual named put the appropriate letter to show the relationship to the Decedent – Heir (H), Beneficiary (B), Creditor (C), Personal Representative (PR), or Other (O). Be advised both heirs and beneficiaries should be listed when there is a Will which has not been probated, or the Petitioner and the Personal Representative are the same person; only beneficiaries should be listed when the Petitioner is the Executor or Administrator of a Will that has been probated; only heirs should be listed when there is no Will.] Name Age (or over 18) Last Known Address Relationship to Decede nt ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 10 [7] 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 fort h in the foregoing Petition for Year’s Support (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 10 [8] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) ACKNOWLEDGMENT OF SERVICE AND CONSENT TO AWARD OF YEAR’S SUPPORT The undersigned, being over 18 years of age, laboring under no legal disability and being an interested person hereby acknow ledges service of the Petition for Year’s Support along with the attached Exhibits and notice, waives all further service an d/or notice, and hereby consents to the award of year’s support as p roposed in the Petition and attached Exhibits. Sworn to and subscribed before me this ______ day of ________________, 20____. _______________________ _____________ Signature of Interested Person ___________________________________ ____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Perso n My Commission Expires _______________ --------------------------------------------------------------- ------------------------------------------ ------------ Sworn to and subscribed before me this ______ day of ________________, 20____. _______________________ _____________ Signature of Interested Person ___________________________________ ____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Perso n My Commission Expires _______________ --------------------------------------------------------------- ------------------------------------------ ------------ Sworn to and subscribed before me this ______ day of ________________, 20____. _______________________ _____________ Signature of Interested Person ___________________________________ ____________________________________ NOTARY/CLERK OF PROBATE COURT Printed Name of Interested Perso n My Commission Expires _______________ GPCSF 10 [9] Eff. July 2017 Probate Court Return Mailing Address: _______________________________ _______________________________ (Above space to be used for filing in Superior Court Clerk’s Office of Deeds and Records) IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) CERTIFICATE OF ORDER OF YEAR'S SUPPORT (Pursuant to O.C.G.A. § 53-3-11) DATE ORDER GRANTED: ___________________________________________ ___________ GRANTOR: [NAME OF DECEDENT] _____________________________________________ GRANTEE: [FULL NAME OF EACH PERSON AWARDED YEAR’S SUPPORT. The Surviving Spouse and/or minor child(ren)] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ADDRESS OF GRANTEE: ______________________________________________________________________________ GPCSF 10 [10] Eff. July 2017 Legal Description of Real Pr operty and Interest Therein: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Original Certificate delivered or mailed to Clerk of Superior Court of _____________________ County on __________________, 20____. GPCSF 10 [11] Eff. July 2017 Certificate prepared by: __________________________ SIGNATURE OF ATTORNEY State Bar # _____________________ I do hereby certify that the above information is based on the Order of the Probate Court issued on the date set out above and that the above information is true and correct. By: ___________________________________ __________________________________ Clerk of the Probate Court __________________________________ Probate Court Return Mailing Address GPCSF 10 [12] 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 10 [13] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR YEAR’S SUPPORT ORDER FOR NOTICE The Petition for Year’s Support having been filed in this offic e, let notice issue and be published once a week for four ( 4) weeks as required by law. Further, it appearing that the e state (is) (is not) represented by a person other than the Petitioner, let the Clerk of this Court mail a copy of the Notice in this matter to (such Representative other than the Petitioner) (all interested perso ns listed in Exhibit “B” to the Petition, except those who have acknowledged service). It is further ordered that the Clerk of this Court must mail a copy of the Petition within five (5) days of its filing to the Tax Commissioner or Tax Collector of any county in this State in which real property is proposed t o be set apart is located. SO ORDERED this _________ day of ________________________________, 20____. _______________________________________ Judge of the Probate Court GPCSF 10 [14] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) NOTICE OF PETITION TO FILE FOR YEAR’S SUPPORT The Petition of _______________________________________________ __, for a year’s support from the estate of ____________________________________ ____________________, Deceased, for Decedent’s (Surviving Spouse) (and) (minor child( ren)), having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before _______________________________, 20____, why said Petition shou ld not be granted. All objections to the Petition must be in writing, setting fort h the grounds of any such objections, and must be filed on or before the time stated in t he preceding sentence. All objections should be sworn to befo re a notary public or before a Probate Court Clerk, and fili ng 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 _________________________ in the Probate Court of the above named County, courtroom _________________, (address) ______________________________, Georgia) (scheduled at a later date). If no objections are filed the Pe tition may be granted without a hearing. _______________________________________ Judge of the Probate Court By: ___________________________________ Clerk of the Probate Court _______________________________________ _______________________________________ Address _______________________________________ Telephone Number GPCSF 10 [15] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) CERTIFICATE OF SERVICE FOR YEAR’S SUPPORT [Notice should be given to all interested parties included in Exhibit “B” and the Personal Representative, if one has been appointed, of the Decedent’s estate and the Ta x 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 firs t-class mail delivery a copy of the notice to the following parties at the addresses below: This _______ day of ________________, 20____. ___________________________________ Clerk of the Probate Court ___________________________________ ___________________________________ Address ___________________________________ Telephone Number GPCSF 10 [16] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) FINAL ORDER FOR YEAR’S SUPPORT The Petition for a Year’s Support for Decedent’s (Surviving Spouse) (and) (minor child(ren)), setting forth the property sought to be set aside as a year’s support, was filed; notice was issued, published, and ser ved as required by law; and no ob jection was filed to the Petition. WHEREFORE IT IS ORDERED that the Petition is granted and the pr operty shown on the schedule of property attached hereto as Exhibit “A” and mad e a part hereof is hereby awarded to ________________________________________________, Decedent’s surviving spouse, and [Name of Surviving Spouse] _________________________________________________, Decedent’s m inor child(ren), and [Name(s) of Minor Child(ren)] further that property taxes on any real property awarded hereby shall be divested as elected in the Petition and as allowed by law. SO ORDERED this _____ day of __________________, 20____ ___________________________________ Judge of the Probate Court