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Petition Of Personal Representative For Leave To Sell Property 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 Personal Representative for Leave to Sell Property
INSTRUCTIONS
I.
Specific Instructions
1.
2.
II.
This form is to be used when a personal representative or temporary administrator
petitions for leave to sell real or personal property pursuant to O.C.G.A. §53-8-13. If the
petition is by a temporary administrator, this form should be altered as follows: The term
"temporary administrator" should be placed wherever the term “Personal Representative”
or “Administrator” appears throughout the entire form.
With regard to paragraph 4 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 4 of the petition.
General Instructions
General instructions applicable to all Georgia probate court standard forms are available in each
probate court.
Effective 7/07
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GEORGIA PROBATE COU RT
STAND ARD FORM
IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
)
, )
)
)
DECEASED
ESTATE NO.
PETITION OF PERSONAL
REPRESENTATIVE FOR
LEAVE TO SELL PROPERTY
TO THE HONORABLE JUDGE OF THE PROBATE COURT:
The petition of
,
as duly appointed and qualified (Administrator(s)) (Executor(s)) of the Estate of
, deceased, shows:
1.
Listed below or attached hereto as Exhibit 1 are all of decedent's (heirs) (beneficiaries), with the
age or majority status, address and relationship to decedent set opposite the name of each:
Name
Age
(Or over 18)
Effective 7/07
Address
-1-
Relationship
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2.
Petitioner(s) desire(s) to sell certain real and/or personal property of said estate. The property and
the estate’s interest in said property are described as follows (give metes and bounds description, and
street address if known, if real property):
3.
The specific purpose of said sale of said property is (check all which apply):
a.
to pay the debts of the estate and/or
b.
to make distributions to the (heirs)(beneficiaries)
c.
other:
4.
The petitioner(s) desire(s) to sell said real and/or personal property upon the following terms and
conditions [explain the proposed date, place and method of sale, including any minimum sales prices, and
attach and label copies of any applicable contracts]:
Attached hereto as Exhibit A is a copy of (the most recent ad valorem tax
statement)(a recent appraisal) showing the current value of the property to be $
.
5.
At present, the petitioner(s) has/have a bond on file in this Court in the amount of
$
. The net proceeds to the 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 notice.
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-2-
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6.
The following (heirs)(beneficiaries) are not sui juris and require the appointment of a guardian ad
litem to represent their interests in this matter:
7.
Additional Data: Where full particulars are lacking, state here the reasons for any such omission.
WHEREFORE, petitioner(s) pray(s)
1.
an order directing notice be issued and served as the law requires, and
2.
if no cause be shown to the contrary, your petitioner(s) be granted leave to sell said
property as set forth above.
Signature of first petitioner
Signature of second petitioner if any
Printed Name
Printed Name
Address
Address
Phone Number
Phone Number
Signature of Attorney:
Typed/printed name of Attorney:
Address:
Telephone:
Effective 7/07
State Bar #
-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
NOTARY/CLERK OF PROBATE COURT
Printed Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
Second Petitioner, if any
NOTARY/CLERK OF PROBATE COURT
My Commission Expires
Effective 7/07
Printed Name
-4-
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
)
, )
)
)
DECEASED
ESTATE NO.
PETITION OF PERSONAL
REPRESENTATIVE FOR
LEAVE TO SELL PROPERTY
ORDER FOR SERVICE OF NOTICE AND APPOINTING
GUARDIAN AD LITEM IF NECESSARY
The foregoing petition of personal representative for leave to sell property having been filed, it is
ordered that: (Initial any and all of the following which apply:)
Notice must be served personally, together with a copy of the petition, at least ten days
before the deadline for objections on the following (heirs)(beneficiaries) who reside in Georgia and have
not acknowledged service:
Notice must be served by registered or certified mail, return receipt requested, together
with a copy of the petition, upon nonresident (heirs)(beneficiaries) whose current residence addresses are
known:
Notice must be published once a week for four weeks in the newspaper in which sheriff's
advertisements are published in this county, before
, 20
in order
to serve by publication the following (heirs)(beneficiaries) whose current residence addresses are
unknown or who are unknown:
IT IS ORDERED that
is
appointed guardian ad litem for
, and
that said guardian ad litem be duly served with a copy of the foregoing petition, Notice and notice of this
appointment, 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.
SO ORDERED this
day of
, 20
.
Probate Judge
Effective 7/07
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NOTICE
PROBATE COURT OF
COUNTY
RE:
PETITION OF
LEAVE TO SELL PROPERTY OF ESTATE OF
FOR
, DECEASED.
(Strike the following paragraph if not applicable:)
TO:
(List here all interested parties having known addresses in the continental U .S. to be served by certified or registered m ail)
This is to notify you to file objection, if there is any, to the above referenced petition, in this
Court on or before the thirteenth (13th) day after
, 20
(the date of the
mailing of this Notice to you by certified or registered mail, return receipt requested); provided, however,
that if a return receipt for such Notice is actually received by the Court within such 13 days, the deadline
for the filing of any objection shall be ten (10) days from the date of receipt shown on such return receipt.
(Strike the following paragraph if not applicable:)
TO:
(List here all interested parties having known addresses outside the continental U .S. to be served by certified or registered m ail)
This is to notify you to file objection, if there is any, to the above referenced petition, in this
Court on or before the thirtieth (30th) day after
, 20
(the date of the
mailing of this Notice to you by certified or registered mail, return receipt requested); provided, however,
that if a return receipt for such Notice is actually received by the Court within such 30 days, the deadline
for the filing of any objection shall be ten (10) days from the date of receipt shown on such return receipt.
(Strike the following paragraph if not applicable:)
This is further to notify
,
(List here all interested parties who reside in Georgia to be served personally)
who are required to be served personally, to file objection, if there is any, to the above referenced petition,
in this Court on or before the tenth (10th) day after the date you are personally served.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds
of any such objections. All pleadings/objections must be signed before a notary public or before a
probate court clerk, and filing fees must be tendered with your pleadings/objections, 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
20
) (scheduled at 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
Effective 7/07
-1-
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NOTICE
PROBATE COURT OF
COUNTY
RE:
PETITION OF
LEAVE TO SELL PROPERTY OF ESTATE OF
FOR
, DECEASED.
(For use if an interested party is required to be served by publication:)
TO:
(List here all unknown interested parties and known interested parties having unknown addresses to be served by publication)
All interested parties and to whom it may concern: This is to notify you to file objection, if there is any,
to the above referenced petition, in this Court on or before
, 20
.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds
of any such objections. All pleadings/objections must be signed before a notary public or before a
probate court clerk, and filing fees must be tendered with your pleadings/objections, 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
20
) (scheduled at 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
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-2-
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CERTIFICATE OF MAILING
This is to certify that I have this date forwarded by registered or certified mail, return receipt
requested, in a stamped, addressed envelope, a copy of the foregoing petition and the notice, to the
(heirs)(beneficiaries) who reside out of state at known current residence addresses.
DATE
Effective 7/07
PROBATE CLERK/DEPUTY CLERK
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
DECEASED
)
)
, )
)
)
ESTATE NO.
PETITION OF PERSONAL
REPRESENTATIVE FOR
LEAVE TO SELL PROPERTY
RETURN OF SERVICE
I have this day served
with a copy of the within notice and Petition of Personal Representative for Leave to Sell Property.
This
day of
, 20
Deputy Sheriff,
Effective 7/07
.
County
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IN THE PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
DECEASED
)
)
, )
)
)
ESTATE NO.
PETITION OF PERSONAL
REPRESENTATIVE FOR
LEAVE TO SELL PROPERTY
ANSWER OF GUARDIAN AD LITEM
I hereby accept the foregoing appointment, acknowledge service and notice of the proceedings as
provided by law, and for answer say:
DATE
GUARDIAN AD LITEM
ADDRESS
Effective 7/07
TELEPHONE
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ACKNOWLEDGMENT OF SERVICE AND CONSENT TO PETITION
GEORGIA,
COUNTY
IN RE: PETITION OF
TO SELL PROPERTY OF THE ESTATE OF
FOR LEAVE
DECEASED
We, the undersigned, being over 18 years of age, laboring under no legal disability and being
heirs or beneficiaries of the above-named decedent, hereby acknowledge service of a copy of the petition
and notice, waive copies of same, waive further service and notice, and hereby consent to the petition.
SIGNATURE(S) OF
(HEIRS)(BENEFICIARIES)
Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before
me this
day of
, 20
.
NOTARY/CLERK OF PROBATE COURT
Print Name
My Commission Expires
------------------------------------------------------------------------------------------------------------------------------Effective 7/07
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PROBATE COURT OF
COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
)
)
)
)
,
DECEASED
ESTATE NO.
PETITION OF PERSONAL
REPRESENTATIVE FOR LEAVE
TO SELL PROPERTY
FINAL ORDER
The petition of
, as Personal
Representative of the estate of the above-named decedent, to sell certain property described as
owned by said Estate for the purpose stated in the petition, coming on regularly to be heard; and
IT APPEARING that each (heir)(beneficiary) has been lawfully served with proper notice or has
acknowledged service; 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 Estate (and the guardian ad litem having filed an answer approving
said transaction);
IT IS HEREBY ORDERED that the said Petitioner, as Personal Representative of said Estate, is
authorized to sell the property described in the petition upon the terms set forth in said petition.
IT IS FURTHER ORDERED that a report of the sale authorized by this Order shall be furnished
to this Court by the Petitioner. Said report shall specify the property sold, the purchasers, the amounts
received, and the terms of the sale.
SO ORDERED this
day of
, 20
.
Probate Judge
Effective 7/07
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