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Petition Of Conservator For Leave To Sell Property Or Rent Lease Or Otherwise Dispose Of Property Form. This is a Georgia form and can be use in Probate Court Statewide.
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GEORGIA PROBATE COURT
STANDARD FORM
Petition of Conservator for Leave to Sell Property or Rent, Lease, or Otherwise Dispose of
Property
INSTRUCTIONS
I.
Specific Instructions
1.
2.
With regard to paragraph 3 of the petition, a recent appraisal should be used if available;
otherwise, a copy of the most recent ad valorem tax statement should be provided. If the
appraised value or tax value is higher than the selling price, explain the discrepancy on an
additional sheet, and add a reference to this in paragraph 3 of the petition.
3.
This petition is to be filed by the conservator and not by a guardian. A guardian ad litem
must be appointed for the minor/ward.
4.
Service of the Petition and Notice on the minor/ward and guardian ad litem must be by
personal service. If requested by the Petitioner(s) and approved by the Court, service may
be made by registered or certified mail or statutory overnight delivery with return receipt
requested and with delivery restricted to addressee only. See O.C.G.A. §29-9-4(e) and/or
O.C.G.A. §15-9-17.
5.
II.
This form is to be used when a conservator requests leave to sell, rent, lease, or otherwise
dispose of real or personal property at public or private sale pursuant to O.C.G.A.§29-335(c) or §29-5-35(c).
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 after 4 which are labeled
“Court” are to be completed by the moving party, unless otherwise directed by the court.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
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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 OF CONSERVATOR
FOR LEAVE TO SELL REAL
OR PERSONAL PROPERTY
OR RENT, LEASE, OR OTHERWISE
DISPOSE OF SAID PROPERTY
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
The petition of
,
Conservator(s) of the above minor/ward, whose address is:
shows that:
1.
Conservator(s) desire(s) to (initial one):
a. sell
d. exchange
b. rent
e. dispose of
c. lease
f. other: describe
certain property belonging to the minor/ward’s estate. The minor/ward owns a
%
interest in said property, described as follows (if real property, give metes and bounds description, and street
address if known):
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2.
The purpose of said disposition of said property is:
3.
Said transaction is believed to be in the best interest of the minor/ward, and
a.
The conservator(s) desire(s) to sell the property at public sale for no less than
.
$
b.
the conservator(s) desire(s) to sell the property at private sale for the sum of
because it is the belief of conservator(s) that said
$
property will not bring that amount if sold at public sale. A copy of the contract for
sale is attached to this petition as Exhibit “B.”
c.
the conservator(s) desire to rent or lease the property for $
per month.
per month. A
The property currently has mortgage payments of $
copy of the contract to rent or lease the property is attached to this petition as
Exhibit “B.”
d.
the conservator(s) desire to dispose of the property otherwise as follows:
Attached as Exhibit “A” is a copy of (a recent appraisal) (the most recent ad valorem tax statement)
.
showing the current value of the property to be $
4.
At present, the conservator(s) has/have a bond on file in this Court in the amount of
$
. The net proceeds to the minor’s/ward's estate from the sale of the subject
. An additional bond in the amount of
property will be approximately $
$
to cover the amount by which the net proceeds from the sale, plus the
amount of personal property currently in the estate, will exceed the current bond amount will be posted
prior to the deadline for objections set forth in the citation.
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5.
Conservator(s) request(s) that the minor/ward and guardian ad litem be personally served with
citation and a copy of this petition.
6.
There is no relationship or connection between the Conservator(s) or members of their immediate
family and the purchaser(s) except as follows:
.
WHEREFORE, conservator(s) pray(s) that a guardian ad litem be appointed for said minor/ward,
and prays for an order directing that citation be issued and personally served, together with a copy of this
petition, upon the minor/ward and guardian ad litem, and if no cause be shown to the contrary, your
conservator(s) be granted leave to sell, rent, lease, or otherwise dispose of said property as set forth
above.
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:
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State Bar #
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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
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
Co-Conservator, if any
NOTARY/CLERK OF PROBATE COURT
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Printed Name
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GEORGIA PROBATE COURT
STANDARD FORM
Petition of Conservator for Leave to Sell Property or Rent, Lease, or Otherwise Dispose of
Property
Pages after 4 which are labeled “Court” are to be completed by the moving party, unless otherwise
directed by the court.
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).
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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 PROPERTY OR RENT,
LEASE, OR OTHERWISE DISPOSE
OF SAID PROPERTY
ORDER FOR NOTICE, APPOINTING GUARDIAN AD LITEM, AND REQUIRING AN
INCREASE IN BOND
The petition of
as conservator(s), requesting an
Order from this Court authorizing the sale, rent, lease, or other disposition of certain real and/or personal
property of the above-named minor/ward having been read and considered,
IT IS ORDERED that Citation issue and that a copy of the Petition, Citation and this Order be
personally served on the minor/ward.
IT IS FURTHER ORDERED that __________________________________________________
is appointed guardian ad litem for the minor/ward, and that said guardian ad litem be served personally
with a copy of the foregoing petition, Citation, and this Order, 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.
(initial if applicable:)
IT IS FURTHER ORDERED that said conservator(s) shall increase his/her/their bond
within
by $
days of the date of this Order.
SO ORDERED this ____________ day of ___________________________, 20_____.
Probate Judge
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NOTICE
PROBATE COURT OF
RE:
COUNTY
PETITION OF CONSERVATOR(S) FOR LEAVE TO SELL PROPERTY OR RENT, LEASE, OR
OTHERWISE DISPOSE OF SAID PROPERTY
TO:
, Minor/Ward
ESTATE NO.
Your conservator(s), has/have filed a petition to sell, rent, lease, or otherwise dispose of certain
real and/or personal property from your estate. This is to notify you that objections to the petition, if any,
must be filed within 30 days following the mailing of notice or service upon your guardian ad litem. All
objections to the petition must be in writing, setting forth the grounds of any such objections and all
pleadings must be signed before a notary public or probate court clerk. If any objections are filed, a
hearing will be (held in the Probate Court of
County, courtroom
, (address)
,
Georgia on ________________________, 20
at
o’clock
.m.) (scheduled for a later
date). If no objection is filed, the petition may be granted without a hearing.
TO:
, guardian ad litem
The conservator(s) of the above ward has/have filed a petition to sell, rent, lease, or otherwise
dispose of certain real and/or personal property from the minor/ward’s estate. This is to notify you that
you must file your response to the petition with the Court within 30 days following the mailing of notice
or service upon you. All objections to the petition must be in writing, setting forth the grounds of any
such objections and all pleadings must be signed before a notary public or probate court clerk. If any
objections are filed, a hearing will be (held in the Probate Court of
County, courtroom
, (address)
, Georgia on ____________________________, 20
at
o’clock
.m.) (scheduled for a later date). If no objection is filed, the petition may be granted
without a hearing.
PROBATE JUDGE
By:
PROBATE CLERK/DEPUTY CLERK
ADDRESS
TELEPHONE
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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 PROPERTY OR RENT,
LEASE, OR OTHERWISE DISPOSE
OF SAID PROPERTY
ANSWER OF GUARDIAN AD LITEM
I hereby accept the foregoing appointment, acknowledge service and notice of said proceeding as
provided by law, and for answer say:
GUARDIAN AD LITEM
Date
ADDRESS:
TELEPHONE:
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CERTIFICATE OF MAILING
This is to certify that I have this date mailed copies of the foregoing, order for notice, appointing
guardian ad litem, and requiring an increase in bond, and this certificate to the conservator(s) by firstclass mail.
DATE
PROBATE CLERK/DEPUTY CLERK
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PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE:
)
)
)
)
)
)
)
,
MINOR/WARD
,
CONSERVATOR(S)
ESTATE NO.
PETITION FOR LEAVE TO
SELL PROPERTY OR RENT,
LEASE, OR OTHERWISE DISPOSE
OF SAID PROPERTY
FINAL ORDER
The petition of
, as Conservator(s) of the
above-named minor/ward, to sell at private sale, rent, lease, or otherwise dispose of certain property owned
by said minor/ward described as:
for the purpose stated in the petition, coming on regularly to be heard; and
IT APPEARING that citation was duly issued and that copies of the petition and citation were duly
served upon the minor/ward and guardian ad litem, and
IT APPEARING that the purpose of the transaction is lawful and that the proposed transaction is fair
and is in the best interest of the minor/ward, and the guardian ad litem having filed an answer raising no
objection to said transaction;
IT IS HEREBY ORDERED that the said Petitioner(s), as Conservator(s) of said minor/ward, is/are
authorized to sell, rent, lease, or otherwise dispose of the property described above upon the terms set forth
in said petition.
(initial if applicable:) Said authorization is conditioned upon the Conservator(s) having
on file with this Court a surety bond in the amount of $
.
IT IS FURTHER ORDERED that a return specifying the property sold, the purchasers, the amounts
received, and the terms of the sale, or other terms of disposition of the property shall be furnished to this
Court by the Conservator(s) within 30 days of the sale.
SO ORDERED this
day of
, 20
.
Probate Judge
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