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Petition Of Conservator For Final Settlement Of Accounts And Discharge From Office And Liability 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 of Conservator for Final Settlem ent of Accounts and Discharge from Office and Liability.
INSTRUCTIONS
I.
Specific Instructions
1.
II.
This form is to be used by a conservator for a final settlement of accounts and discharge
from office and liability pursuant to O.C.G.A. §29-3-71 (conservator of minor); and
O.C.G.A. §29-5-81 (conservator of adult ward).
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
Effective 7/07
GPCSF 34 Petitioner
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GEORGIA PROBATE COU RT
STAND ARD FORM
IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
)
)
, )
)
)
, )
)
MINOR/WARD
CONSERVATOR(S)
ESTATE NO.
PETITION OF CONSERVATOR
FOR FINAL SETTLEMENT
OF ACCOUNTS AND DISCHARGE FROM
OFFICE AND LIABILITY
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
The petition of
, Conservator(s)
of the estate of
, former (minor)(adult ward), shows:
1.
Conservator(s) has/have fully discharged all duties as such, and is/are entitled to be discharged from
office and liability. Conservator(s) further show(s) that all required inventories and returns have been filed
with this Court.
2.
Conservator(s) further show(s) (initial a or b:)
a.
The former minor is now of age.
b.
There is no longer a necessity to continue the conservatorship because
(i)
the minor or adult ward is deceased
(ii)
the ward’s powers have been restored
(iii)
the conservator(s) has/have filed a Petition to Resign
(iv)
other:
.
Effective 7/07
-1-
GPCSF 34 Petitioner
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3.
Conservator(s) pray(s) that (initial applicable)
a.
Since the ward is/was an adult ward,
(i)
the Court waive the hearing requirements pursuant to O.C.G.A. §29-3-71
or O.C.G.A. §29-5-81 and discharge the conservator/s from office and
liability because the former adult ward or the personal representative of
his/her estate (being someone other than the conservator) has signed an
acknowledgment of receipt of property and release of liability, attached
hereto.
(ii)
as Conservator(s) of an adult ward who is deceased, the Court cite the
adult ward’s personal representative for a final settlement of the
conservator’s accounts. The adult ward’s personal representative, who is
not the petitioner, is
and can be found at the following address:
telephone:
(iii)
as Conservator(s) of a deceased adult ward and also being personal
representative(s) of the ward’s estate, a guardian ad litem must be
appointed to represent the deceased adult ward’s estate .
(iv.)
as Conservator(s) of an adult ward who is living and has been restored to
capacity, the Court cite the former adult ward for a final settlement of the
conservator’s accounts. The former adult ward can be found at the
following address:
telephone:
(v)
.
as Conservator(s) of an adult ward who is living but has not been
restored to capacity, the Court cite the adult ward for a final settlement of
the conservator’s accounts and appoint a guardian ad litem for the ward.
The adult ward’s successor conservator is
and can be found at the following address:
telephone:
. The adult ward can be found at the following address:
telephone:
. The ward’s guardian, if any, can be found at
the following address:
telephone:
(vi)
Effective 7/07
.
As Conservator(s) of a deceased adult ward, and there being no assets
remaining in the estate, a guardian ad litem must be appointed to
represent the deceased adult ward’s estate.
-2-
GPCSF 34 Petitioner
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b.
since the ward is/was a minor,
(i)
the Court waive the hearing requirements pursuant to O.C.G.A. §29-3-71
or O.C.G.A. §29-5-81 and discharge the conservator/s from office and
liability because the former minor or the personal representative of
his/her estate (being someone other than the conservator) has signed an
acknowledgment of receipt of property and release of liability, attached
hereto.
(ii)
as Conservator(s) of a minor who is now 18 years of age, the Court cite
the former minor for a final settlement of the conservator’s accounts.
The former minor can be found at the following address:
telephone:
(iii)
.
as Conservator(s) of a minor who is deceased, the Court cite the minor’s
personal representative for a final settlement of the conservator’s
accounts. The minor’s personal representative is
and can be found at the following address:
telephone:
.
(iv)
as Conservator(s) of a minor who is deceased and also being the personal
representative of the minor’s estate, a guardian ad litem must be
appointed to represent the minor’s interest.
(v)
as Conservator(s) of a minor who is living, the Court cite the successor
conservator(s) for a final settlement of the conservator’s accounts. A
guardian ad litem must be appointed to represent the minor. The minor’s
successor conservator is
and can be found at the following address:
telephone:
. The minor can be found at the following address:
telephone:
.
4.
Attached as Exhibit “A” is the final return showing to whom the estate assets have been
disbursed.
Effective 7/07
-3-
GPCSF 34 Petitioner
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5.
Additional Data: Where full particulars are lacking, state here the reasons for any such omission.
WHEREFORE, conservator(s) seek(s) discharge from office and all liability and, therefore,
pray(s)
1.
2.
3.
4.
that the Court issue citation as requested above pursuant to O.C.G.A. §29-3-71(b) or
O.C.G.A. §29-5-81(b);
that the Court examine all returns and accounts of the conservator(s) during the
settlement period;
that notice be served and published as required by law and
that an order issue releasing and discharging the conservator(s) from office and from all
liability.
Signature of conservator
Signature of co-conservator, if any
Printed Name
Printed Name
Address
Address
Telephone Number
Telephone Number
Signature of Attorney:
Typed/printed name of Attorney:
Address:
Telephone:
Effective 7/07
State Bar #
-4-
GPCSF 34 Petitioner
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VERIFICATION
GEORGIA,
COUNTY
Personally appeared before me the undersigned conservator(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
.
Conservator
NOTARY/CLERK OF PROBATE COURT
Printed Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
Co-Conservator, if any
NOTARY/CLERK OF PROBATE COURT
My Commission Expires
Effective 7/07
Printed Name
-5-
GPCSF 34 Petitioner
American LegalNet, Inc.
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ACKNOWLEDGMENT OF RECEIPT OF PROPERTY AND RELEASE OF LIABILITY
IN RE: ESTATE OF
ESTATE NO.
The undersigned acknowledges that the conservator(s) has/have turned over all assets held in the
conservatorship to the undersigned, being (initial one:)
a.
b.
c.
d.
the personal representative(s) of the former minor/ward’s estate
the former minor ward upon reaching the age of eighteen or his or her emancipation
the former adult ward after restoration to competency
the successor conservator(s)
By signing this document, the undersigned acknowledges that he/she has received a copy of the
Petition for Discharge from Office and Liability, the Final Return, and the receipt of $
and all other property from the conservator(s); waives any hearing
required under O.C.G.A. §29-3-71 or O.C.G.A. §29-5-81; and further consents that the conservator(s)
may be discharged from office and from all liability.
Sworn to and subscribed before
me this
day of
, 20
.
Personal Representative(s), Former
Minor/Ward, or Successor Conservator(s)
Notary Public/Clerk of Probate Court
Print Name
My Commission Expires
------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
Second, if any
Notary Public/Clerk of Probate Court
My Commission Expires
Effective 7/07
Print Name
-6-
GPCSF 34 Petitioner
American LegalNet, Inc.
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