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Petition For Leave To Sell Perishable Property By Personal Representative 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 Personal Representative, GPCSF 71, Georgia Statewide, Probate Court
GEORGIA PROBATE COURT
STANDARD FORM
Petition for Leave to Sell Perishable Property by Personal Representative
INSTRUCTIONS
I.
Specific Instructions
1.
2.
Under O.C.G.A. §53-8-11, the order for sale may be granted only after such notice and
opportunity for hearing, if any, as the Court 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 Court if necessary.
3.
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. §53-8-11.
This form consists of four pages.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
Effective 07
GPCSF 71 Complete
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GEORGIA PROBATE COURT
STANDARD FORM
PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
DECEASED
,
)
)
)
)
ESTATE NO.
PETITION FOR LEAVE TO SELL
PERISHABLE PROPERTY
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
The petition of
of
as representative of the estate
shows that 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 estate that said property be sold as soon as practicable. Petitioner therefore prays for an
order authorizing Petitioner to sell said property for the highest valid offer received using the following
method and terms of sale:
Signature of first petitioner
Signature of second petitioner if any
Printed Name
Printed Name
Address
Address
Phone Number
Phone Number
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Signature of Attorney:
Typed/printed name of Attorney:
Address:
Telephone:
State Bar #
VERIFICATION
COUNTY
GEORGIA,
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
day of
, 20
.
me this
Second Petitioner, if any
NOTARY/CLERK OF PROBATE COURT
My Commission Expires
Effective 07
Printed Name
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PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
)
)
)
,
DECEASED
ESTATE NO.
PETITION FOR LEAVE TO SELL
PERISHABLE PROPERTY
ORDER
(Without opportunity to object)
Upon reading and considering the foregoing Petition, and it appearing that the facts stated therein are
true, 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 set forth in the petition, after giving notice
of the property to be sold, the method and terms of such sale, the date and place of sale, and the means by
which offers may be made as set forth below(check one)
by
by serving a copy of the petition and this order by first class mail at least thirteen (13) days
in advance or in person on the sui juris (heirs of decedent) (beneficiaries who would have
received such property under will of decedent).
It is not practicable to afford notice or a hearing prior to ruling upon the above petition.
SO ORDERED, this
day of
, 20
.
Probate Judge
Effective 07
GPCSF 71 Complete
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PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
,
DECEASED
)
)
)
)
ESTATE NO.
PETITION FOR LEAVE TO SELL
PERISHABLE PROPERTY
ORDER
(With opportunity to object)
Upon reading and considering the foregoing Petition, and it appearing that the facts stated therein
are true, and it appearing to the Court that it is not practicable to afford notice or a hearing prior to ruling
upon the petition;
IT IS ORDERED that the Petitioner(s) shall give notice of the property to be sold, the method
and terms of such sale, the date and place of sale, and the means by which offers may be made as set forth
below (check one or both:)
by
;
by serving a copy of the petition and this order in person or by first class mail on the sui
juris (heirs of decedent) (beneficiaries who would have received such property under will
of decedent) at least thirteen (13) days prior to the date of the sale;
IT IS FURTHER ORDERED that any objection to the proposed sale, the method of sale, the
date and place of the sale, and/or the means by which offers may be made must be filed no later
, 20
. ANY OBJECTION must be in writing and be signed
than
before a notary public or probate court clerk, and filing fees must be tendered with the objection, unless
the objecting party qualifies to file as an indigent party. Contact probate court personnel at the below
address/phone number for the required amount of filing fees. If an objection is filed, a hearing will be
County, courtroom
,
(held in the Probate Court of
, Georgia
(address)
at
o’clock
.m.)
on
(scheduled at a later date).
IT IS FURTHER ORDERED that, after giving such notice and if no objection is timely filed as
set forth above, the 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 set forth in the petition. The Petitioner(s)
shall file a report of sale, within ten (10) days after the sale, certifying compliance with the notice
requirements and reporting the results of the sale.
SO ORDERED, this
day of
, 20
.
Probate Judge
Effective 07
GPCSF 71 Complete
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