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. 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.§29-3-35(c) or §29-5-35(c). 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. 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. 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. §29-94(e) and/or O.C.G.A. §15-9-17. 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. 2. 3. 4. 5. II. 1 Effective 7/11 GPCSF 14 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ) ) ,) ) ) ,) ) COUNTY ESTATE NO. __________________________ PETITION OF CONSERVATOR FOR LEAVE TO SELL REAL OR PERSONAL PROPERTY OR RENT, LEASE, OR OTHERWISE DISPOSE OF SAID PROPERTY MINOR/WARD CONSERVATOR(S) 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): Effective 7/11 2 GPCSF 14 Petitioner American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 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. The property currently has mortgage payments of $ __________ per month. A 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 property will be approximately $ ________________________________ . An additional bond in the amount of $___________________________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. Effective 7/11 GPCSF 14 Petitioner 3 American LegalNet, Inc. www.FormsWorkFlow.com GEORGIA PROBATE COURT STANDARD FORM 5. Conservator(s) request(s) that the minor/ward and guardian ad litem be personally served with citation and a copy of this petition. The current address of ward/minor is (please provide the full street address, including city, county, state and zip code): _________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ 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 _______________________________________ Printed Name _______________________________________ Address _______________________________________ _______________________________________ Telephone Number ______________________________________ Signature of co-conservator, if any ______________________________________ Printed Name ______________________________________ Address ______________________________________ ______________________________________ Telephone Num