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Petition For Discharge Form. This is a Georgia form and can be use in Probate Court Statewide.
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Tags: Petition For Discharge, Georgia Statewide, Probate Court
GEORGIA PROBATE COU RT
STAND ARD FORM
Petition for Discharge of Personal Representative
INSTRUCTIONS
I.
Specific Instructions
1.
2.
II.
This form is to be used for a petition for discharge of a personal representative pursuant to
O.C.G.A. §53-7-50 or discharge of a temporary administrator pursuant to O.C.G.A. §53-752. A personal representative may, pursuant to O.C.G.A. §53-7-50(e), petition the court
solely for discharge from office but not from all liability.
If the petition is filed by a personal representative, the notice to creditors and/or debtors and
creditors must have been published for four weeks, and three months must have elapsed from
the date of the last publication. O.C.G.A. §§53-7-41, 53-11-4.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
Effective 7/07
GPCSF 33 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 FOR DISCHARGE OF
PERSONAL REPRESENTATIVE
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
The petition of
,
as (Executor(s)) (Administrator(s))(Temporary Administrator(s)) of the above-referenced estate, shows:
1.
Petitioner(s) (initial one):
a.
has/have fully administered the estate of the decedent.
b.
was/were allowed to resign without fully administering said estate.
c.
has/have completely discharged all duties as temporary administrator(s).
2.
The names, age or majority status, and address of all known heirs of an intestate decedent or
beneficiaries of a testate decedent, or persons who succeeded to the interest of any heir or beneficiary who
died after the decedent died are:
Name
Age
(Or over 18)
Address
Relationship
[NOTE: If discharge is sought solely from office and not from office and all liability, STRIKE paragraphs 3.
and 4. below.]
Effective 7/07
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3.
Of those named in paragraph 2. above, it is not necessary to notify the following heirs or beneficiaries
(a) who have relieved the personal representative of all liability and as to each of whom a copy of the
writing(s) granting such relief is/are attached hereto or (b) with respect to whom the personal representative
has been relieved of all further liability in (a settlement of accounts)(an intermediate report)(other binding
proceeding) pursuant to an order of this court dated
and hereby incorporated herein:
4.
The following heirs or beneficiaries are represented or should be represented by a guardian (state
names of heir/beneficiary and guardian, if one has already been appointed, and reason guardian
needed/appointed):
5.
All claims against the estate have been paid (except for the following which have not been paid for
the reasons set forth below):
6.
(initial one):
____
All necessary (inventories) (and) (returns) have been filed.
____
Petitioner was relieved of filing (inventories) (and) (returns).
Effective 7/07
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7.
Additional Data: Where full particulars are lacking, state here the reasons for any such omission.
WHEREFORE, petitioner(s)
(initial one):
(a) seek(s) discharge solely from office and, therefore, pray(s) that notice issue and be
published one time in the official county newspaper with copies thereof being mailed by first-class mail to
the creditors named in paragraph 5. above and that an order issue discharging the petitioner(s) from office.
OR
(b) seek(s) discharge from office and all liability and, therefore, pray(s) that notice issue and
be served and published as required by law and that an order issue releasing and discharging the petitioner(s)
from office and from all liability.
Signature of first personal representative
Signature of second personal representative if any
Printed Name
Printed Name
Address
Address
Phone Number
Phone Number
Signature of Attorney:
Typed/printed name of Attorney:
Address:
Telephone:
Effective 7/07
State Bar #
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GPCSF 33 Petitioner
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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
Effective 7/07
Printed Name
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ACKNOWLEDGMENT OF SERVICE AND CONSENT TO PETITION
GEORGIA,
IN RE: PETITION OF
DISCHARGE AS
OF
COUNTY
FOR
OF THE ESTATE
, DECEASED.
We, the undersigned, being over 18 years of age, laboring under no legal disability and being
heirs or beneficiaries or unpaid purported creditors of the above-named decedent, hereby acknowledge
service of a copy of the above petition and notice, waive copies of same, waive further service and notice,
and hereby consent to the petition.
SIGNATURE(S) OF INTERESTED PARTIES
Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
-------------------------------------------------------------------------------------------------------------------------------
Effective 7/07
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