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Petition By Personal Representative For Waiver Of Bond-Grant Of Certain Powers Form. This is a Georgia form and can be use in Probate Court Statewide.
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GEORGIA PROBATE COU RT
STAND ARD FORM
Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers
INSTRUCTIONS
I.
Specific Instructions
1.
2.
Unanimous consent of the heirs to the administrator's petition is required, or the
beneficiaries if the decedent died testate. O.C.G.A. §53-11-2 provides that a party to a
probate court proceeding concerning a decedent’s estate who is unborn or unknown or 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 of the person or
property, or testamentary guardian has no conflict and may serve. (See GPCSF 16). For
purposes of the consent required, with respect to any heir who is not sui juris, such
consent may be given by such guardian. The personal representative of a deceased heir is
authorized to consent on behalf of that heir.
3.
Notice must be published once a week for four weeks.
4.
The relief sought in this petition and provided in the order is not retroactive.
5.
If bond has been posted, and waiver of bond is sought for the future, check with the
bonding compan(y)(ies) to obtain the necessary bond description to be placed in the
petition and order and to coordinate this matter with the bonding compan(y)(ies).
6.
In the event the decedent died intestate, Paragraph 4 requires that a definitive statement
be made to show to the court the persons named in paragraph 3 constitute all of the heirs
of the decedent and that there are no heirs of the same or closer degrees 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.”
7.
II.
This form is to be used by an administrator or executor who has already been appointed
when filing a petition for waiver of bond and/or grant of certain powers pursuant to
O.C.G.A. §53-7-1(b).
According to Probate Court Rule 5.6 (A), unless the court 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. Pages which are labeled
“Court” are to be completed by the moving party, unless otherwise directed by the court.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
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GPCSF 32 Petitioner
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GEORGIA PROBATE COU RT
STAND ARD FORM
IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
DECEASED
)
)
, )
)
)
)
ESTATE NO.
PETITION BY PERSONAL
REPRESENTATIVE FOR WAIVER
OF BOND AND/OR GRANT OF
CERTAIN POWERS
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
The petition of
,
duly qualified personal representative(s) of the estate of
,
deceased, shows:
1.
Petitioner(s) was/were
issued letters of administration/letters testamentary concerning the
above-referenced estate by this Court on
.
2.
Listed below are all of the names, ages, addresses of the heirs of the decedent if he/she died intestate,
and the beneficiaries listed in the decedent’s Will, if he/she died testate, and relationship to decedent :
Name
Age (or over 18)
Address
Relationship
3.
All of the heirs/beneficiaries have consented that the judge of the probate court may waive the
bond and/or grant certain powers as, set forth in the Consent of Heirs/Beneficiaries attached hereto.
4.
In the event the decedent dies intestate Paragraph 4 requires that a definitive statement be made to show
to the court that the persons named in paragraph 3 constitute all of the heirs of the decedent and that there
are no heirs of similar or higher degrees 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.)
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5.
WHEREFORE petitioner(s) pray(s) that the Court grant the relief requested in the Consent of
Heirs/Beneficiaries attached hereto.
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 #
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
My Commission Expires
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CONSENT OF HEIRS/BENEFICIARIES
IN RE: ESTATE OF
Note:
ESTATE NO.
If an heir/beneficiary is not sui juris, indicate the relationship of the person who is authorized to consent for him
in accordance with the instruction page to this form.
We, being all of the heirs of the above estate or being beneficiaries under the Will of the above
deceased, being sui juris unless otherwise indicated, do hereby authorize the judge of the probate court to:
a.
waive the necessity of bond of this personal representative from the date of the order on this petition
forward, and grant to the personal representative the power to serve without making and filing
inventory if not yet due, and without filing any annual or other returns or reports covering any
period from the date of such order forward to any court.
(initial if applicable) SEE the
Note below regarding applicable conditions/restrictions.
b.
grant to the personal representative for the future all of the powers
§53-12-261 not included in (a) above.
(initial if applicable)
Sworn to and subscribed before
me this
day of
, 20
contained in O.C.G.A.
.
SIGNATURE OF HEIR/BENEFICIARY
NOTARY/CLERK OF PROBATE COURT
PRINT NAME
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------a.
waive the necessity of bond of this personal representative from the date of the order on this
petition forward, and grant to the personal representative the power to serve without making
and filing inventory if not yet due, and without filing any annual or other returns or reports
covering any period from the date of such order forward to any court.
(initial if
applicable ) SEE the Note below regarding applicable conditions/restrictions.
b.
grant to the personal representative for the future all of the powers contained in O.C.G.A.
§53-12-261 not included in (a) above.
(initial if applicable)
Sworn to and subscribed before
me this
day of
, 20
.
SIGNATURE OF HEIR/BENEFICIARY
NOTARY/CLERK OF PROBATE COURT
PRINT NAME
My Commission Expires
--------------------------------------------------------------------------------------------------------------------------------
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a.
waive the necessity of bond of this personal representative from the date of the order on this
petition forward, and grant to the personal representative the power to serve without making
and filing inventory if not yet due, and without filing any annual or other returns or reports
covering any period from the date of such order forward to any court.
(initial if
applicable ) (SEE the Note below regarding applicable conditions/restrictions).
b.
grant to the personal representative for the future all of the powers contained in O.C.G.A.
§53-12-261 not included in (a) above.
(initial if applicable)
Sworn to and subscribed before
me this
day of
, 20
.
SIGNATURE OF HEIR/BENEFICIARY
NOTARY/CLERK OF PROBATE COURT
PRINT NAME
My Commission Expires
------------------------------------------------------------------------------------------------------------------------------a.
waive the necessity of bond of this personal representative from the date of the order on this
petition forward, and grant to the personal representative the power to serve without making
and filing inventory if not yet due, and without filing any annual or other returns or reports
covering any period from the date of such order forward to any court.
(initial if
applicable ) SEE the Note below regarding applicable conditions/restrictions.
b.
grant to the personal representative for the future all of the powers contained in O.C.G.A.
§53-12-261 not included in (a) above.
(initial if applicable)
Sworn to and subscribed before
me this
day of
, 20
.
SIGNATURE OF HEIR/BENEFICIARY
NOTARY/CLERK OF PROBATE COURT
My Commission Expires
PRINT NAME
NOTE: If the Petition is granted, the following restrictions/conditions will apply: the fiduciary shall in the
future furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements. The
present bond of the personal representative dated
, number
written by
, surety, in the amount of $
may
be reduced to zero ($0) as of the date of the order on this petition. The personal representative’s surety shall
be relieved of all liability from the date of the order on this petition forward, except liability for any waste or
misconduct by the personal representative which occurred before the date of such order, and with respect to
such continuing liability the surety shall not be relieved until the personal representative has been discharged
as provided by law. Further, the personal representative must file a return with this court within 60 days from
the date of such order covering the period from his most recent return, if any, up to the date of such order.
A copy of such return shall be sent by first class mail by the personal representative to all of the heirs, if the
decedent was intestate, and beneficiaries, if the decedent died testate. Objections to such return may be filed
within 30 days after such return is filed with the court. If such notice is not given, or if any objection is made
and sustained by the court, the court may withdraw from the date the personal representative failed to give
such notice or from the date of its order on such objections any relief granted upon this petition.
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GEORGIA PROBATE COU RT
STAND ARD FORM
Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers
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).
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GEORGIA PROBATE COU RT
STAND ARD FORM
IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
)
, )
)
)
)
DECEASED
ESTATE NO.
PETITION BY PERSONAL
REPRESENTATIVE FOR W AIVER OF
BOND AND/OR GRANT OF CERTAIN
POWERS
ORDER FOR PUBLICATION AND APPOINTING GUARDIAN AD LITEM, IF NECESSARY
Upon reading the foregoing petition, it is ordered that notice be issued and published once a week for
four weeks prior to the date on which objections must be filed.
(initial if applicable)
IT IS FURTHER ORDERED that
is appointed
guardian ad litem for
, and that said
guardian ad litem be duly served with a copy of the foregoing Notice, petition, purported Will if any, and
notice of this appointment, and that upon said guardian ad litem’s acceptance of same, said guardian ad litem
shall make answer hereto. This appointment is limited to this proceeding only and it shall cease when a final
order is entered on this petition.
SO ORDERED this
day of
, 20
.
Probate Judge
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
DECEASED
)
)
, )
)
)
)
ESTATE NO.
PETITION BY PERSONAL
REPRESENTATIVE FOR W AIVER OF
BOND AND/OR GRANT OF CERTAIN
POWERS
NOTICE
has petitioned for waiver of bond
and/or for the grant of certain powers contained in O.C.G.A. §53-12-261 in regard to the above estate. All
interested parties are hereby notified to show cause why said petition should not be granted. All objections
to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the
court on or before
, 20
. All pleadings/objections must be signed before a
notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections,
unless you qualify to file as an indigent party. (Contact probate court personnel at the address/telephone
number listed below for the required amount of filing fees.) If any objections are filed, the Petition may be
denied or a hearing will be (held on
, 20
in the Probate Court of
County, courtroom
, (address)
, Georgia)(scheduled for a later date). If no objections are
filed, the petition may be granted without a hearing.
PROBATE JUDGE
By:
CLERK OF THE PROBATE COURT
ADDRESS
TELEPHONE NUMBER
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
DECEASED
)
)
, )
)
)
)
ESTATE NO.
PETITION BY PERSONAL
REPRESENTATIVE FOR W AIVER OF
BOND AND/OR GRANT OF CERTAIN
POWERS
ANSWER OF GUARDIAN AD LITEM
I hereby accept the foregoing appointment, acknowledge service and notice of the proceedings as
provided by law, and for answer say:
DATE
GUARDIAN AD LITEM
ADDRESS
TELEPHONE NUMBER
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PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
,
DECEASED
)
)
)
)
)
)
ESTATE NO.
PETITION BY ADMINISTRATOR
PERSONAL REPRESENTATIVE
FOR WAIVER OF BOND AND/OR
GRANT OF CERTAIN POWERS
FINAL ORDER
The petition for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-261 to
the personal representative of the estate of
, deceased, has been duly
filed. Consent to the petition was given by all heirs or beneficiaries under the Will, if testate. Notice was
published according to law and no objection to the petition has been filed.
It is therefore ordered that the undersigned judge does hereby: (Initial all which apply):
a.
waive the necessity of bond of this personal representative from the date of this order forward,
and grant to the personal representative the power to serve without making and filing
inventory if not yet due, and without filing any annual or other returns or reports covering
any period from the date of this order forward to any court; but the fiduciary shall in the
future furnish to the income beneficiaries, at least annually, a statement of receipts and
disbursements. The present bond of the personal representative dated
,
number
written by
, surety, in the amount of
$
is hereby reduced to zero ($0) as of the date of this order. The foregoing
relief is given upon the following conditions: The personal representative’s surety shall be
relieved of all liability from the date of this order forward, except liability for any waste or
misconduct by the personal representative which occurred before the date of this order, and
with respect to such continuing liability the surety shall not be relieved until the personal
representative has been discharged as provided by law. Further, the personal representative
must file a return with this court within 60 days from the date of this order covering the
period from the most recent return, if any, up to the date of this order. A copy of such return
shall be sent by first class mail by the personal representative to all of the heirs, if the
decedent was intestate, and beneficiaries, if the decedent died testate. Objections to such
return may be filed within 30 days after such return is filed with the court. If such notice is
not given, or if any objection is made and sustained by the court, the court may withdraw
from the date the personal representative failed to give such notice or from the date of its
order on such objections any relief granted upon this petition.
b.
grant to the personal representative from the date of this order forward all of the powers
contained in O.C.G.A. §53-12-261 not included in (a) above.
FURTHER ORDERED that Letters of Administration or Testamentary reflecting the above be issued
to the personal representative.
SO ORDERED this
day of
, 20
.
Probate Judge
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GEORGIA PROBATE COU RT
STAND ARD FORM
INSTRUCTIONS
1. Unless inventory has been waived, an inventory of the estate must be filed with this Court by the
Personal Representative within six (6) months after the date of qualification as Personal Representative, and
a copy of that inventory must be delivered to the heirs by first-class mail within the same period.
2. Within sixty (60) days after the date of qualification as Personal Representative, notice must be
given once a week for four (4) weeks by advertisement in the newspaper in this County in which sheriff's
notices are published, requiring creditors of the estate to render in their demands and requiring debtors to make
payment.
3. Unless returns have been waived, or a different accounting period has been approved, within sixty
(60) days after the anniversary date of qualification as Personal Representative, in each and every year, every
Personal Representative must make a just and true account, under oath, of his receipts and expenditures on
behalf of the estate during the preceding year, together with a note or memorandum of any other fact necessary
to the exhibition of the true condition of the estate. The vouchers showing the correctness of each item must
be retained by the Personal Representative.
4. The Personal Representative is allowed six (6) months from the date of his qualification to ascertain
the condition of the estate, during which he is exempt from suit. He should collect all debts due the estate, and
pay the debts of the estate, wholly or in part, at the end of the six-month period. Payment of the debts of the
decedent shall be made in accordance with their rank in priority as provided in O.C.G.A. §53-7-40.
5. The Personal Representative may continue the business of his intestate for the year of his
qualification without a court order.
6. The normal commissions allowed the Personal Representative are two and one-half percent (2.5%)
of all sums of money received, and a like commission on all sums of money paid out. In addition, the Judge
of the Probate Court may allow a commission of up to three percent (3%) of the value of all property
distributed in kind. There are special rules concerning commissions on interest earned and extra compensation.
7. After the payment of all expenses of administration and other debts, the balance of the estate shall
be promptly distributed to the heirs. The Personal Representative must then make a final return, showing the
receipts and disbursements since the last annual accounting, unless returns have been waived.
For further information see O.C.G.A. Title 53, Chapters 6 and 7.
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GEORGIA PROBATE COU RT
STAND ARD FORM
STATE OF GEORGIA
COUNTY OF
ESTATE NO.
LETTERS OF ADMINISTRATION
(Bond Waived and/or Certain Powers Granted Subsequent to Time of Appointment)
By
, Judge of the Probate Court of said County.
WHEREAS,
died intestate (check one:)
domiciled in this County:
not domiciled in this State, but owning property in this County:
and this Court granted an order appointing
as Administrator of the
estate of said decedent, and said Administrator did duly qualify for such office; the Court hereby grants unto
said Administrator full power to collect the assets of said decedent, and to pay the debts of said estate, so far
as such assets will extend, according to law, and then to pay over the balance, if any, to the legal heirs of said
decedent, and to do and perform all other duties as such Administrator, according to the laws of this State.
In addition, this Court has by order dated
:
(Check all which apply:)
a.
b.
waived the necessity of bond of the A dm inistrator from the date of such order
forward, and granted to the administrator the power to serve without filing an
inventory, if not due prior to the date of such order, and without filing any annual or
other returns or reports covering any period from the date of such order forward to
any court; but the fiduciary shall in the future furnish to the income beneficiaries, at
least annually, a statement of receipts and disbursements. Further, the Administrator
must file a return with this court within 60 days from the date of such order covering
the period from his most recent return, if any, up to the date of such order and a copy
of such return must be sent by first class mail by the administrator to all of the heirs
and known creditors of the estate at the time such return is filed.
granted to the Administrator from the date of such order forward all of the powers
contained in O.C.G.A. §53-12-261 not included in (a) above.
If Letters of Administration were previously issued to this Administrator, these Letters replace those.
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
N O TE:
The following must be signed if the judge does
not sign the original of this document:
Issued by:
(Seal)
PROBATE CLERK/DEPUTY CLERK
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GEORGIA PROBATE COU RT
STAND ARD FORM
STATE OF GEORGIA
COUNTY OF
ESTATE NO.
LETTERS TESTAMENTARY
(Relieved of Filing Returns)
By
, Judge of the Probate Court of said County.
KNOW ALL WHOM IT MAY CONCERN:
That on the
day of
, 20
Court, the Last Will and Testament dated
,
, at a regular term of the Probate
, of
deceased, at the time of his or her death a resident of said
County, was legally proven in
form and was admitted to record by order, and it was
further ordered that
, named as Executor(s) in said
Will, be allowed to qualify, and that upon so doing, Letters Testamentary be issued to such Executor(s).
NOW, THEREFORE, the said
, having taken the oath of office and complied with all the necessary prerequisites
of the law, is/are legally authorized to discharge all the duties and exercise all the powers of Executor(s) under
the Will of said deceased, according to the Will and the law.
Given under my hand and official seal, the
day of
,
.
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
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