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09 Gpcs F 02 Complete

The document is a standard form for petitioning temporary letters of administration in Georgia probate court. It outlines specific and general instructions for completing the petition, including requirements for listing heirs and their relationships to the decedent. The form also includes sections for the petitioner's information, estate details, and a verification statement.

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0% found this document useful (0 votes)
11 views10 pages

09 Gpcs F 02 Complete

The document is a standard form for petitioning temporary letters of administration in Georgia probate court. It outlines specific and general instructions for completing the petition, including requirements for listing heirs and their relationships to the decedent. The form also includes sections for the petitioner's information, estate details, and a verification statement.

Uploaded by

jason
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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GEORGIA PROBATE COURT

STANDARD FORM

Petition for Temporary Letters of Administration

INSTRUCTIONS

I. Specific Instructions

1. This form is to be used for a petition for temporary letters of administration pursuant to
O.C.G.A. §53-6-30.

2. Paragraph 5 requires a definitive statement that the list in Paragraph 4 includes each and
every heir of the decedent, and that there are no heirs of the same or closer degree
according to O.C.G.A §53-2-1. Provide the date of death for any deceased heirs. NOTE:
If you are uncertain how to determine the heirs of a decedent, please refer to the “Heirs
Determination Sheet” available from the probate court or at www.gaprobate.org.
Examples of such statement would be: (a) “decedent 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 who died previously, had no other children born, adopted,
living or deceased, other than listed herein.”

II. General Instructions

General instructions applicable to all Georgia probate court standard forms are available in each
probate court.

Effective 7/07 GPCSF 2 Complete


GEORGIA PROBATE COURT
STANDARD FORM

PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF ) ESTATE NO.


)
, ) PETITION FOR TEMPORARY
DECEASED ) LETTERS OF ADMINISTRATION

TO THE HONORABLE JUDGE OF THE PROBATE COURT:

The petition of , whose domicile


is/are ,
and whose mailing address is/are
show(s) to the Court the
following:

1.
, whose
First
Middle
Last Name

domicile was

Street

City

County

Effective 7/09 GPCSF 2 Complete


State

departed this life on , 20 , leaving an estate of real property located in


County(ies), Georgia having a total fair market value of approximately $ and
personal property as follows (provide approximate value):
a. cash/bank accounts/certificates of deposit $

b. stocks/bonds/brokerage accounts $

c. other assets of significant value (list) $

APPROXIMATE TOTAL $

Effective 7/09 GPCSF 2 Complete


GEORGIA PROBATE COURT
STANDARD FORM
2.

Petitioner’s(s’) appointment is in the best interests of the estate by reason of the estate’s being
unrepresented and it is necessary for Temporary Letters of Administration to be granted for the sole
purpose of collecting and preserving the assets of the decedent.

3.
Petitioner(s) is/are entitled to be appointed Temporary Administrator(s) by reason of (initial one):

a. being the nominated executor(s) in decedent’s purported will (a


copy of which is attached hereto and made a part hereof).
b. being unanimously selected by all the heirs.
c. being the sole heir or being the surviving spouse.
d. having been selected by a majority in interest of the heirs.
e. being (an) eligible person(s) as defined in O.C.G.A. §53-6-1.
f. being (a) creditor(s) of the decedent (evidence of the indebtedness is attached).
g. being the county administrator.

4.

Listed below are the names of all the decedent’s heirs with the age or majority status, address,
and relationship to decedent set opposite the name of each:

Name
Age (or over
18) Address

Relationship

5.

Additional Data: Where full particulars are lacking, state here the reasons for any such omission.
Make a definitive statement which will show to the court that those persons named in Paragraph 4
Effective 7/09 GPCSF 2 Complete

2
constitute all of the heirs of the decedent and that there are no heirs of similar or higher 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.) If any heirs listed above are cousins, grandchildren, nephews or
nieces of the decedent, please indicate the deceased ancestor through whom they are related to the
decedent.
6.

To the knowledge of the petitioner(s), no other proceedings with respect to this estate are
pending, or have been completed, in any other probate court in this state.

WHEREFORE, petitioner(s) pray(s) for an order appointing petitioner(s) Temporary


Administrator(s) of said estate.

Signature of first petitioner


Signature of second petitioner if any

Printed Name Printed Name

Address Address

Telephone Number Telephone Number

Signature of Attorney:

Typed/printed name of Attorney:


Address:

Telephone: State Bar

Effective 7/09 GPCSF 2 Complete


VERIFICATION

GEORGIA, COUNTY

Personally appeared before me the undersigned petitioner(s) who on oath state(s) that the facts set
forth in the foregoing petition are true.

Sworn to and subscribed before


me this day of , 20 .
First Petitioner

NOTARY/ CLERK OF PROBATE COURT Printed Name


My Commission Expires

------------------------------------------------------------------------------------------------------------------------------

Sworn to and subscribed before


me this day of , 20 .
Second Petitioner, if any

NOTARY/CLERK OF PROBATE COURT Printed Name


My Commission Expires

Effective 7/09 GPCSF 2 Complete

4
SELECTION BY HEIRS

GEORGIA, COUNTY ESTATE NO.

IN RE: PETITION OF
FOR TEMPORARY LETTERS OF ADMINISTRATION

ESTATE OF , DECEASED

For the court’s consideration in determining the person whose appointment would serve the best
interests of the estate, (we) (all) (a majority in interest) of the heirs of ,
deceased, hereby select and request the appointment of
to act as Temporary Administrator(s) of the estate of said decedent.

SIGNATURE(S)

Sworn to and subscribed before


me this day of , 20 .

NOTARY/CLERK OF PROBATE COURT Printed Name


My Commission Expires
------------------------------------------------------------------------------------------------------------------------------
Sworn to and subscribed before
me this day of , 20 .

NOTARY/CLERK OF PROBATE COURT Printed Name


My Commission Expires
-------------------------------------------------------------------------------------------------------------------------------
Sworn to and subscribed before
me this day of , 20 .

NOTARY/CLERK OF PROBATE COURT Printed Name


My Commission Expires
-------------------------------------------------------------------------------------------------------------------------------
Sworn to and subscribed before
me this day of , 20 .

NOTARY/CLERK OF PROBATE COURT Printed Name


My Commission Expires

Effective 7/09 GPCSF 2 Complete

5
PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF ) ESTATE NO.


)
, ) PETITION FOR TEMPORARY
DECEASED ) LETTERS OF ADMINISTRATION

ORDER

The petition of for


Temporary Letters of Administration on the estate of ,
deceased, has been duly filed. It appears that said decedent died domiciled in said county, that said
petitioner(s) is/are lawfully qualified for said administration, that such appointment will be in the best
interests of the estate, and that it is necessary that temporary letters should issue for the sole purpose of
collecting and preserving the assets of said decedent until permanent letters are granted. It is, therefore,
ORDERED that the petitioner(s) be, and is/are hereby, appointed Temporary Administrator(s) of
the estate, and that Letters be issued upon said Administrator's(s’) giving bond with approved surety in
the sum of $ dollars and taking the oath as the law requires.
IT IS FURTHER ORDERED that no disbursements from said estate may be made by said
Temporary Administrator(s) unless permission is granted by further order of this Court for the purpose of
preserving the estate.

SO ORDERED this day of , 20 .

Probate Judge

Effective 7/09 GPCSF 2 Complete

6
PROBATE COURT OF COUNTY

STATE OF GEORGIA

IN RE: ESTATE OF ) ESTATE NO.


)
, ) PETITION FOR TEMPORARY
DECEASED ) LETTERS OF ADMINISTRATION

OATH

I do solemnly swear or affirm that


died with an estate that is currently unrepresented, so far as I know or believe, and that I will well and
truly administer on all the estate of the decedent, and discharge to the best of my ability all my duties as
Temporary Administrator. So help me God.

Temporary Administrator

Sworn to and subscribed before me

this day of , 20 .

Probate Clerk/Deputy Clerk

Effective 7/09 GPCSF 2 Complete


STATE OF GEORGIA

COUNTY OF ESTATE NO.

TEMPORARY LETTERS OF ADMINISTRATION

By , Judge of the Probate Court of said County.

WHEREAS, died
domiciled in this County, owning certain assets within this State; and the estate is unrepresented, and it
appears necessary that such assets be collected and preserved until permanent letters are issued;
I do, therefore, hereby appoint as
Temporary Administrator(s) of the estate of the said decedent, for the sole purpose of collecting and
preserving the assets of the said decedent until permanent letters are issued; and thereupon to deliver up
such assets to whomsoever this Court shall commit the administration of the estate of said decedent, as
provided by law.
Temporary administrators are authorized to carry out existing contracts of the decedent, to carry
on the business of the decedent, and to do such acts as are necessary for the protection and preservation of
the estate provided proper orders are secured from the probate court after due notice to all parties in
interest.
IN TESTIMONY WHEREOF, I have hereunto affixed my signature as Judge of the Probate
Court of said County and the seal of this office this day of , 20 .

Probate Judge

NOTE: The following must be signed if the judge does not sign
the original of this document:

Issued by:

(Seal)
PROBATE CLERK/DEPUTY CLERK

Effective 7/09 GPCSF 2 Complete

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