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Petition For Leave To Sell Perishable Property By Conservator Form. This is a Georgia form and can be use in Probate Court Statewide.
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Tags: Petition For Leave To Sell Perishable Property By Conservator, Georgia Statewide, Probate Court
GEORGIA PROBATE COURT
STANDARD FORM
Petition for Leave to Sell Perishable Property by Conservator
INSTRUCTIONS
I.
Specific Instructions
1.
2.
II.
This form is to be used when filing a petition for leave to sell property which is
perishable, liable to deteriorate from keeping, or expensive to keep, pursuant to
O.C.G.A. §§29-3-35(a) and 29-5-35(a).
Under O.C.G.A. §§29-3-35(a) and 29-5-35(a), the order for sale may be granted only
after such notice and opportunity for hearing, if any, as the judge deems practicable under
the circumstances. Further, the sale shall be as soon as practicable and in such manner as
the court determines to be in the best interest of the estate. Therefore, all notice
provisions set forth in this form may be altered by the judge if necessary.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
Effective 7/05
GPCSF 15 Complete
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GEORGIA PROBATE COURT
STANDARD FORM
IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
MINOR/WARD
CONSERVATOR(S)
)
)
, )
)
)
, )
)
ESTATE NO.
PETITION FOR LEAVE TO SELL
PERISHABLE PROPERTY
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
The petition of
estate of
as conservator(s) of the
, whose address is
, shows that
1.
the following personal property:
is of perishable nature, or liable to deteriorate from keeping, or expensive to keep, and that it is in the best
interest of said minor/ward that said property be sold as soon as practicable.
2.
The name(s), address(es), telephone number(s), of the guardian(s) of the minor/ward, if any,
is/are:
. If there are none or if the conservator(s) is/are also guardian(s) of the minor/ward, the names, addresses,
telephone numbers, and relationship(s) of the heirs apparent of the minor/ward, is/are:
Effective 7/05
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-2-
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GEORGIA PROBATE COURT
STANDARD FORM
3.
There is no relationship or connection between the Conservator(s) or members of their immediate
family and the purchaser(s) except as follows:
.
THEREFORE, Petitioner(s) pray(s) for an order authorizing Petitioner(s) to sell said property for
the highest valid offer received using the following method and terms of sale at the following time and
location:
.
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 7/05
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-3-
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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
Printed Name
NOTARY/CLERK OF PROBATE COURT
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
day of
, 20
.
me this
Second Petitioner, if any
NOTARY/CLERK OF PROBATE COURT
Printed Name
Effective 7/05
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-4-
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
)
)
,)
)
)
,)
)
MINOR/WARD
CONSERVATOR(S)
ESTATE NO.
PETITION FOR LEAVE TO SELL
PERISHABLE PROPERTY
ORDER CONCERNING NOTICE
(To be used only if the Judge of the Probate Court determines that it is practicable under the circumstances to afford
notice or a hearing prior to ruling upon the petition.)
The clerk/deputy clerk shall serve (the guardian of the minor/ward) (the heirs apparent of the
minor/ward)
(the
minor/ward)
with
notice
of
the
filing
of
the
above
Petition;
by
days before the court rules upon the above petition.
at least
SO ORDERED this
day of
, 20
.
Probate Judge
Effective 7/05
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-5-
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COUNTY
IN THE PROBATE COURT OF
STATE OF GEORGIA
IN RE:
MINOR/WARD
CONSERVATOR(S)
)
)
,)
)
)
,)
)
ESTATE NO.
PETITION FOR LEAVE TO SELL
PERISHABLE PROPERTY
NOTICE
(To be used only if the Judge of the Probate Court determines that it is practicable under the circumstances to afford
notice or a hearing prior to ruling upon the petition.)
To:
as conservator(s) of the estate of
The Petitioner(s),
, minor/ward has filed a petition for leave to sell property which is perishable, liable to deteriorate in
value, or expensive to keep.
If you have an objection, it must be filed on or before
. All objections to the petition must be in writing, setting forth the grounds of any such
, 20
objections, and all pleadings/objections must be signed before a notary public or before a probate court
clerk.
If you are an heir-apparent of the minor/ward, filing fees must be tendered with your
pleadings/objection, unless you qualify to file as an indigent party. Contact probate court personnel at the
following address/telephone number for the required amount of filing fees. If any objections are filed, a
hearing will be (held on
County,
,20
in the Probate Court of
,
courtroom
(address)
, Georgia)(scheduled for a later date). If no objections are filed, the petition may be granted without a
hearing.
PROBATE JUDGE
By:
PROBATE CLERK/DEPUTY CLERK
ADDRESS
TELEPHONE NUMBER
Effective 7/05
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-6-
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
)
)
,)
)
)
,)
)
MINOR/WARD
CONSERVATOR(S)
ESTATE NO.
PETITION FOR LEAVE TO SELL
PERISHABLE PROPERTY
ORDER
Upon reading and considering the foregoing Petition, and it appearing that the facts stated therein
are true, and (initial one:)
a.
it appearing that the provision of notice to interested parties prior to the sale is
impractical,
b.
notice having been served as directed by the Court,
it is ORDERED that Petitioner(s) be, and is/are hereby, granted leave to sell the said property for
the highest valid offer received using the method and terms of sale described in the petition.
SO ORDERED this
day of
, 20
.
Probate Judge
Effective 7/05
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-7-
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