Petition for Leave to Sell

Petition of Personal Representative for Leave to Sell Property

GPCSF 13 [Eff. July 2017]

IN THE PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF , DECEASED

ESTATE NO.

PETITION FOR LEAVE TO SELL PROPERTY

The Petition of whose physical address(es) is/are , and mailing address(es) is/are , as the duly appointed and qualified Personal Representative of the estate of the above-named Decedent, shows to the Court the following:

1. whose place of domicile was , departed this life on .

2. If Decedent died intestate [without a Will], list below all of the Decedent’s heirs at law. Otherwise, beneficiaries shall be listed below. Each listing should include the name, age or majority status, address, and relationship to Decedent. All those listed are sui juris unless otherwise noted.

Name Age (or over 18) Address Relationship

3. A Will has been probated so no definitive statement is required.

The Decedent died intestate [without a Will]; therefore, a definitive statement is made below.

Required: Provide sufficient factual information to enable 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, the name and address of his or her Personal Representative, if any, and include the date of death for each. Also, state here all pertinent facts that may govern the method of giving notice to any party and that may determine whether or not a guardian ad litem should be appointed for any party. If any heirs listed above are cousins, grandchildren, nephews or nieces of the Decedent, indicate the deceased ancestor through whom they are related to the Decedent.

4. Petitioner(s) desire(s) to sell certain real and/or personal property of said estate. The property and the estate’s interest in said property are described as follows:

5. The specific purpose of said sale of said property is:

To pay the debts of the estate

To make distributions to the heirs/beneficiaries

Other:

6. The Petitioner(s) desire(s) to sell said real and/or personal property upon the following terms and conditions:

Attached hereto as “Exhibit” is a copy of the contract for sale 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 $ .

7. At present, the Petitioner(s) has/have a bond on file in this Court in the amount of $. The net proceeds to the estate from the sale of the subject property will be approximately $. An additional bond in the amount of $ to cover the amount by which the net proceeds from the sale, plus the amount of personal property currently in the estate, will exceed the current bond amount will be posted prior to the deadline for objections set forth in the notice.

8. Additional Data:

WHEREFORE, petitioner(s) pray(s):

1. An order directing notice be issued and served as the law requires, and

2. If no cause be shown to the contrary, your petitioner(s) be granted leave to sell said property as set forth above.

VERIFICATION

GEORGIA,

Personally appeared before me the undersigned Petitioner(s) who, after being duly sworn, state(s) that the facts set forth in the foregoing Petition of Personal Representative for Leave to Sell Property (and the attached Exhibit(s)) are true and correct.

ACKNOWLEDGMENT OF SERVICE AND CONSENT TO PETITION

RE: PETITION OF FOR LEAVE TO SELL PROPERTY OF ESTATE OF THE ABOVE-NAMED DECEDENT

The undersigned, being over 18 years of age, laboring under no legal disability and being heirs or beneficiaries of the above-named Decedent, hereby acknowledge service of a copy of the Petition and notice, waive copies of same, waive further service and notice, and hereby consent to the Petition.

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 of Personal Representative for Leave to Sell Property having been filed, it is ordered that:

Notice must be served personally, together with a copy of the Petition, or by registered or certified mail or statutory overnight delivery, as requested by the Petitioner(s) pursuant to O.C.G.A. § 53-11-3 at least ten (10) days before the deadline for objections on the following heirs/beneficiaries who reside in Georgia and have not acknowledged service:

Notice must be served by registered or certified mail, return receipt requested, together with a copy of the Petition, upon nonresident heirs/beneficiaries whose current residence addresses are known:

Notice must be published once a week for four (4) weeks in the legal organ of this County, before , in order to serve by publication the following heirs/beneficiaries whose current residence addresses are unknown:

SO ORDERED this day of , .

NOTICE

The Petition of Personal Representative for Leave to Sell Property in the above-referenced estate having been duly filed,

[Strike any paragraph if not applicable.]

TO:

This is to notify you who are required to be served personally, to file objection, if there is any, to the Petition, in this Court on or before the tenth (10th) day after the date you are personally served or sign the return receipt.

TO:

This is to notify you to file objection, if there is any, to the Petition, in this Court on or before the thirtieth (30th) day after (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 thirty (30) days, the deadline for the filing of any objection shall be ten (10) days from the date of receipt shown on such return receipt.

TO:

This is to notify you to file objection, if there is any, to the above-referenced petition, in this Court on or before the thirteenth (13th) day after (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 deadline for the filing of any objection shall be ten (10) days from the date of receipt shown on such return receipt.

NOTICE

The Petition of Personal Representative for Leave to Sell Property in the above-referenced estate having been duly filed,

[For use if an interested party is required to be served by publication]

TO:

This is to notify you to file objection, if there is any, to the above-referenced Petition, in this Court on or before .

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

CERTIFICATE OF SERVICE

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 Petition of Personal Representative for Leave to Sell Property, Order for Service of Notice, including any attached Exhibits and the Notice to the following parties at the addresses below:

This day of , .

FINAL ORDER

The Petition of , as Personal Representative(s) of the estate of the above-named Decedent, for Leave to Sell Property was filed. The Court finds that all of the heirs/beneficiaries were served or acknowledged service. The Court further finds that no objection has been filed and all requirements of law have been fulfilled. The Court further finds that the purpose of the transaction is lawful and that the proposed transaction is fair and is in the best interest of the estate.

ACCORDINGLY, IT IS ORDERED that the said Petitioner, as Personal Representative(s) of said estate, is authorized to sell the property described in the Petition upon the terms set forth in said Petition.

Said authorization is conditioned upon the Personal Representative(s) having on file with this Court a surety bond in the amount of $ .

IT IS FURTHER ORDERED that a report of the sale authorized by this Order shall be furnished to this Court by the Petitioner. Said report shall specify the property sold, the purchasers, the amounts received, and the terms of the sale.

SO ORDERED this day of , .