GEORGIA PROBATE COURT STANDARD FORM Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers INSTRUCTIONS I. Specific Instructions 1. 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). 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.” 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. 7. II. General Instructions General instructions applicable to all Georgia probate court standard forms are available in each probate court. Effective 7/11 1 GPCSF 32 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD 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 abovereferenced 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 died intestate (without a will), make a definitive statement with 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 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.) Also, state here all pertinent facts which may govern the method of giving notice to any party and which 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, please indicate the deceased ancestor through whom they are related to the decedent. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. Effective 7/11 2 GPCSF 32 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 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: ___________________________________________ ___________________________________________ ___________________________________________ State Bar #_____________ Telephone: 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 7/11 3 GPCSF 32 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 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 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 _________________________________ PRINT NAME NOTARY/CLERK OF PROBATE COURT 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 -------------------------------------------------------------------------------------------------------------------------------- Effective 7/11 4 GPCSF 32 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 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 _______________________________________ PRINT NAME NOTARY/CLERK OF PROBATE COURT 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 _______________________________________ PRINT NAME NOTARY/CLERK OF PROBATE COURT My Commission Expires _______________ 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. Effective 7/11 5 GPCSF 32 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD 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). Effective 7/11 1 GPCSF 32 Court American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD 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 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 Effective 7/11 GPCSF 32 Court American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 2 IN THE PROBATE COURT OF COUNTY STATE OF GEORGIA IN RE: ESTATE OF , DECEASED ) ) ) ) ) ) ESTATE NO. _____________________ PETITION BY PERSONAL REPRESENTATIVE FOR WAIVEROF 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 Effective 7/11 GPCSF 32 Court 3 American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD 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 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: ________________________________ GUARDIAN AD LITEM DATE ________________________________ ADDRESS ________________________________ ________________________________ TELEPHONE NUMBER Effective 7/11 4 GPCSF 32 Court American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 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 Effective 7/11 5 GPCSF 32 Court American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD 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. §53-740. 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. Effective 7/11 6 GPCSF 32 Court American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD 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 Administrator 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 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 7/11 7 GPCSF 32 Court American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD 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 Effective 7/11 8 GPCSF 32 Court American LegalNet, Inc. www.FormsWorkFlow.com