Fill and Sign the Petition of Personal Representative for Leave to Sell Form

GPCSF 13 [i] Eff. July 2017 PETITION OF PERSONAL REPRESENTATIVE FOR LEAVE TO SELL PROPERTY INSTRUCTIONS I. Specific Instructions 1. This form is to be used when a Personal Representative or Tempo rary Administrator petitions for leave to sell real or personal property pursuant to O.C.G.A. § 53-8-13. 2. If the petition is by a Temporar y Administrator, this form shou ld be altered as follows: The term “Temporary Administrator” should be placed wherever the te rm “Personal Representative” or “Administrator” appears throughout the entir e form. Also if the form is used for a Temporary Administrator, the Final Order may need to be amended, especially if the original order of appointment did not give the power to sell property. 3. With regard to Paragraph 6 of th e petition, a recent appraisal should be used if available; otherwise, a copy of the most recent ad valorem tax statement s hould be provided. If the appraised value or tax value is higher than the selling price, explain the discrepancy on an additional sheet, and add a reference to this in Paragraph 4 of the Petition. In addition, if there is a sales contract, a copy of the contract should be att ached as an exhibit, labeled appropriately. 4. Signatures of heirs who acknowledge service must be sworn to be fore a notary public or the Clerk of any Probate Court of this State. It is not necess ary that all acknowledgments appear on the same page. An a ttorney at law may acknowledge se rvice on behalf of an heir; however, the attorney mus t certify that he or she currently represents that heir with 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. With regard to a power of attorney, the attorney -in-fact may acknowle dge service on behalf of the grantor of the power, provided that the power of attorney grants such authorit y, the signature of the attorney-in-fact is attested, a copy of the power of attorney i s attached, and the attorney- in-fact certifies that the copy is a true copy and is still in effect. It is not necessary that all acknowledgments appear on the same page. 5. 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 appoin t a guardian ad litem or determine that the natural guardian, guardian, conservator, 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. 6. In the event the assets are to b e distributed according to a Wi ll, only the beneficiaries need to be listed in Paragraph 2. In the event the Decedent died in testate (without a Will), Paragraph 3 requires that a defin itive statement be made to show to the court that the persons named in Paragraph 2 constitute all of the heirs of the Decedent and that there are no heirs of the same or closer degree according to O.C.G.A. § 5 3-2-1. Provide the date of death for any deceased heirs. The Personal Representative of a deceased heir is authorized to consent on behalf of that heir . [NOTE: If you are uncertain how to determine the heirs of a Decedent, refer to the “Heirs Determination Worksheet” available from the Probate Court or at www.gaprobate.gov.] Examples of such statement woul d be: (a) “Decedent was GPCSF 13 [ii] Eff. July 2017 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 who died previously had no other children born, adopted, living or deceased, other than listed herein.” 7. The service of this petition is in accordance with Chapter 11 of Title 53 per O.C.G.A § 53-8-13 (b). 8. Use Supplement 2 if the Court determines it is appropriate to a ppoint a special process server. 9. Use Supplement 3 when an addition al certificate of service is necessary. 10. 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 exh ibit should be inserted into the appropriate place in the form. 11. According to Uniform Probate Court Rule 5.6 (A), unless the Cou rt specifically 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 the Notice regarding Uniform Probate Court Rule 5.6 (A) are to be completed by the moving party, unless otherwise directed by the Court. II. General Instructions General instructions applicable to all Georgia Probate Court Standard Forms a re available in each Probate Court or at www.gaprobate.gov, labeled GPCSF 1. GPCSF 13 [1] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) PETITION FOR LEAVE TO SELL PROPERTY 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 as the duly appointed and qualifie d Personal Representative of the estate of the above-named Decedent, shows to the Court the following: 1. ______________________________________________________________ _________, [Full name of Decedent] First Middle Last whose place of domicile was _____________________________________________________, Street City County State departed this life on _______________________, 20_____. 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 s hould include the name, age or majority status, address, and relationship to Decedent. All those listed are sui juris [having the legal ability to manage one’s own affairs] unless otherwise noted. Name Age (or over 18) Address Relationship ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 13 [2] Eff. July 2017 3. [Initial one] ______ (a) A Will has been probated so no definitive statement is required. ______ (b) 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 in cluded and that there are no heirs of the same or closer degree according to O.C.G.A. § 53-2-1. Provide the na mes of any deceased heirs, the name and address of his or her Personal Representative, if any , 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 above are cousins, grandchildren, nephews or nieces of the Decedent, indi cate the deceased ancestor through whom they are related to the Decedent.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Petitioner(s) desire(s) to sell certain real and/or personal p roperty of said estate. The property and the estate’s interest in said property are described as follows [give metes and bounds description, and street address if known, if real property]: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 5. The specific purpose of said sale of said property is [initial all that apply]: (a) To pay the debts of the estate and/or ( b ) To make distributions to the (heirs)(beneficiaries) ( c) Other: _ _______________ ______________________________________ ____________________________________________________________ GPCSF 13 [3] Eff. July 2017 6. The Petitioner(s) desire(s) to sell said real and/or personal p roperty upon the following terms and conditions [explain the proposed date, place and method of sale, including any minimum sales prices, and attach and label copi es of any applicable contracts]: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (a) Attached hereto as “Exhi bit ” is a copy of t he contract f or sale of real estate. (b) Attached hereto as “Exhi b it ” 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 C ourt in the amount of $_________________. The net proceeds to the estate from the sa le of the subject property will be approximately $_________________. An additional bond in the amo unt 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 wi ll be posted prior to the deadline for objections set forth in the notice. 8. Additional Data: [Where full particulars are lacking, state here the reasons for any such omission.] ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ GPCSF 13 [4] Eff. July 2017 WHEREFORE, petitioner(s) pray(s): 1. An order directing notice be issu ed and served as the law requires, and 2. If no cause be shown to the contrary, your petitioner(s) be gra n t e d l e a v e t o s e l l s a i d p r o p e r t y as set forth above. ____________________________________ Signature of Petitioner ____________________________________ Printed Name ____________________________________ ____________________________________ Mailing Address ____________________________________ Telephone Number Signature of Attorney ______________________________________________________ Printed Name of Attorney ______________________________________ ________________ Address ______________________________________________________ ______________________________________________________ Telephone Number __________________ State Bar #______________ __________ GPCSF 13 [5] 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 of Personal Representative for Leave to Sell Property (and the attached E xhibit(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 13 [6] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) 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 ackn owledge service of a copy of the Petition and notice, waive copies of same, waive further servic e and notice, and hereby consent to the Petition. SIGNATURE(S) OF (HEIRS)(BENEFICIARIES) Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ________ _____________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Pr inted Name of Heir/Beneficiary My Commission Expires ________________ --------------------------------------------------------------- ------------------------------------------ ------------ Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ________ _____________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Pr inted Name of Heir/Beneficiary My Commission Expires ________________ --------------------------------------------------------------- ------------------------------------------ ------------ Sworn to and subscribed before me this ______ day of _______________, 2 0_____ ________ _____________________________ Signature of Heir/Beneficiary ___________________________________ _____________________________________ NOTARY/CLERK OF PROBATE COURT Pr inted Name of Heir/Beneficiary My Commission Expires ________________ GPCSF 13 [8] 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 13 [9] 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 of Personal Representative for Leave to Sell Property having been filed, it is ordered that: [Initial all that apply] ______ Notice must be served personally, together with a copy o f 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 th e deadline for objections on the following (heirs)(beneficiaries) who reside in Georgia and have not acknowledged service: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______ Notice must be served by re gistered or certified mail, return receipt requested, together with a copy of the Petition, upon nonreside nt (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____________________, 20_____, in order t o serve by publication the following (heirs)(beneficiaries) whose current residence addresses are unknown: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ SO ORDERED this _______ day of ________________, 20____. ____________ _________________________ Judge of the Probate Court GPCSF 13 [10] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) NOTICE The Petition of Personal Represen tative for Leave to Sell Property in the above-referenced estate having b een duly filed, [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 who are re quired 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 dat e you are personally served or sign the return receipt. TO: _______________ ______________________________ __________________________ [List here all heirs having known addresses ou tside the continental U.S. to be served 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 o bjection, if there is any, to the 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 requeste d); provided, however, that if a return receipt for such Notice is act ually 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: ________________________________________________________________________ [List here all non-resident interested par ties having known addresses in the continen tal 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 t he 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. ___________________________________ ___________________________ __________ Judge of the Probate Court ___________________________________ By: _______________________ __________ Address Clerk of the Probate Court ___________________________________ Telephone Number GPCSF 13 [11] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) NOTICE The Petition of Personal Represen tative for Leave to Sell Property in the above-referenced estate having been duly filed, [For use if an interested party is re quired to be served by publication] TO: ________________________________________________________________________ [List here all interested parties having un known addresses to be served by publication] This is to notify you to file objection, if there is any, to the above-referenced Petition, in this Court on or before _________________, 20_____. BE NOTIFIED FURTHER: All objections to the Petition must be in writing, setting fo rth 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 (he ld 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: _______________________ __________ Address Clerk of the Probate Court ___________________________________ Telephone Number GPCSF 13 [12] 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 fo r 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 f ollowing parties at the addresses below: This _______ day of ________________, 20____. ____________ _________________________ Clerk of the Probate Court ____________ _________________________ ____________ _________________________ Address ____________ _________________________ Telephone Number GPCSF 13 [13] Eff. July 2017 IN THE PROBATE COURT OF _______________________ COUNTY STATE OF GEORGIA IN RE: ESTATE OF ) ) ___________________________________, ) ESTATE NO. ____________ DECEASED ) 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 (and the guardian ad litem having filed an answer approving said transaction); 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. ________ (initial if applicable:) 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 ________________, 20____. ____________ _________________________ Judge of the Probate Court