Free 2. Petition for Temporary Letters of Administration - Georgia

1.GEORGIA PROBATE COURT STANDARD FORM

Petition for Temporary Letters of Administration

INSTRUCTIONS

I.

Specific Instructions 1. This form is to be used for a petition for temporary letters of administration pursuant to O.C.G.A. §53-6-30.
Paragraph 5 requires a definitive statement that the list in Paragraph 4 includes each and every heir of the decedent, and that there are no heirs of the same or closer degree according to O.C.G.A §53-2-1. Provide the date of death for any deceased heirs. NOTE: If you are uncertain how to determine the heirs of a decedent, please refer to the "Heirs Determination Sheet" available from the probate court or at www.gaprobate.org. Examples of such statement would be: (a) "decedent was or was not married at the time of his death and had no children born, adopted, living or deceased, other than listed herein"; (b) "decedent had no other siblings half or whole other than those listed herein"; (c) "the decedent's brother who died previously, had no other children born, adopted, living or deceased, other than listed herein."

2.

II.

General Instructions

General instructions applicable to all Georgia probate court standard forms are available in each probate court.

Effective 7/09

GPCSF 2 Complete

GEORGIA PROBATE COURT STANDARD FORM

PROBATE COURT OF STATE OF GEORGIA IN RE: ESTATE OF , DECEASED ) ) ) ) ESTATE NO.

COUNTY

PETITION FOR TEMPORARY LETTERS OF ADMINISTRATION

TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of is/are and whose mailing address is/are show(s) to the Court the following: 1. , whose
First Middle Street City Last Name County State

, whose domicile ,

domicile was departed this life on , 20 , leaving an estate of real property located in County(ies), Georgia having a total fair market value of approximately $ (provide approximate value): a. b. c. cash/bank accounts/certificates of deposit stocks/bonds/brokerage accounts other assets of significant value (list) $ $ $ and personal property as follows

APPROXIMATE TOTAL

$

Effective 7/09

1

GPCSF 2 Complete

2. Petitioner's(s') appointment is in the best interests of the estate by reason of the estate's being unrepresented and it is necessary for Temporary Letters of Administration to be granted for the sole purpose of collecting and preserving the assets of the decedent.

3. Petitioner(s) is/are entitled to be appointed Temporary Administrator(s) by reason of (initial one): a. b. c. d. e. f. g. being the nominated executor(s) in decedent's purported will (a copy of which is attached hereto and made a part hereof). being unanimously selected by all the heirs. being the sole heir or being the surviving spouse. having been selected by a majority in interest of the heirs. being (an) eligible person(s) as defined in O.C.G.A. §53-6-1. being (a) creditor(s) of the decedent (evidence of the indebtedness is attached). being the county administrator. 4. Listed below are the names of all the decedent's heirs with the age or majority status, address, and relationship to decedent set opposite the name of each: Name Age Address (Or over 18) Relationship

5. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. Make a definitive statement which will show to the court that those persons named in Paragraph 4 constitute all of the heirs of the decedent and that there are no heirs of similar or higher degree according to O.C.G.A. §53-2-1. Provide the names of any deceased heirs and include the date of death for each. (See instructions for further clarification.) If any heirs listed above are cousins, grandchildren, nephews or nieces of the decedent, please indicate the deceased ancestor through whom they are related to the decedent.

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6. To the knowledge of the petitioner(s), no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state. WHEREFORE, petitioner(s) pray(s) for an order appointing petitioner(s) Temporary Administrator(s) of said estate.

Signature of first petitioner

Signature of second petitioner if any

Printed Name

Printed Name

Address

Address

Telephone Number Signature of Attorney:

Telephone Number

Typed/printed name of Attorney: Address:

Telephone:

State Bar #

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GPCSF 2 Complete

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 My Commission Expires

Printed Name

-----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of

, 20

. Second Petitioner, if any

NOTARY/CLERK OF PROBATE COURT My Commission Expires

Printed Name

Effective 7/09

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GPCSF 2 Complete

SELECTION BY HEIRS GEORGIA, IN RE: COUNTY ESTATE NO.

PETITION OF FOR TEMPORARY LETTERS OF ADMINISTRATION , DECEASED

ESTATE OF

For the court's consideration in determining the person whose appointment would serve the best interests of the estate, (we) (all) (a majority in interest) of the heirs of , deceased, hereby select and request the appointment of to act as Temporary Administrator(s) of the estate of said decedent. SIGNATURE(S) Sworn to and subscribed before me this day of

, 20

.

NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires -----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 .

NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 .

NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 .

NOTARY/CLERK OF PROBATE COURT Printed Name My Commission Expires ----------------------------------------------------------------------------------------------------------------------------

Effective 7/09

5

GPCSF 2 Complete

PROBATE COURT OF STATE OF GEORGIA

COUNTY

IN RE: ESTATE OF , DECEASED

) ) ) )

ESTATE NO. PETITION FOR TEMPORARY LETTERS OF ADMINISTRATION

ORDER The petition of Temporary Letters of Administration on the estate of for ,

deceased, has been duly filed. It appears that said decedent died domiciled in said county, that said petitioner(s) is/are lawfully qualified for said administration, that such appointment will be in the best interests of the estate, and that it is necessary that temporary letters should issue for the sole purpose of collecting and preserving the assets of said decedent until permanent letters are granted. It is, therefore, ORDERED that the petitioner(s) be, and is/are hereby, appointed Temporary Administrator(s) of the estate, and that Letters be issued upon said Administrator's(s') giving bond with approved surety in the sum of $ dollars and taking the oath as the law requires. IT IS FURTHER ORDERED that no disbursements from said estate may be made by said Temporary Administrator(s) unless permission is granted by further order of this Court for the purpose of preserving the estate. SO ORDERED this day of , 20 .

Probate Judge

Effective 7/09

GPCSF 2 Complete

PROBATE COURT OF STATE OF GEORGIA IN RE: ESTATE OF , DECEASED ) ) ) ) OATH ESTATE NO.

COUNTY

PETITION FOR TEMPORARY LETTERS OF ADMINISTRATION

I do solemnly swear or affirm that died with an estate that is currently unrepresented, so far as I know or believe, and that I will well and truly administer on all the estate of the decedent, and discharge to the best of my ability all my duties as Temporary Administrator. So help me God.

Temporary Administrator Sworn to and subscribed before me this day of , 20 .

Probate Clerk/Deputy Clerk

Effective 7/09

GPCSF 2 Complete

STATE OF GEORGIA COUNTY OF ESTATE NO. TEMPORARY LETTERS OF ADMINISTRATION By , Judge of the Probate Court of said County.

WHEREAS,

died

domiciled in this County, owning certain assets within this State; and the estate is unrepresented, and it appears necessary that such assets be collected and preserved until permanent letters are issued; I do, therefore, hereby appoint as Temporary Administrator(s) of the estate of the said decedent, for the sole purpose of collecting and preserving the assets of the said decedent until permanent letters are issued; and thereupon to deliver up such assets to whomsoever this Court shall commit the administration of the estate of said decedent, as provided by law. Temporary administrators are authorized to carry out existing contracts of the decedent, to carry on the business of the decedent, and to do such acts as are necessary for the protection and preservation of the estate provided proper orders are secured from the probate court after due notice to all parties in interest. IN TESTIMONY WHEREOF, I have hereunto affixed my signature as Judge of the Probate Court of said County and the seal of this office this day of , 20 .

Probate Judge

(SEAL)
NOTE: The following must be signed if the judge does not sign the original of this document:

Issued by:

PROBATE CLERK/DEPUTY CLERK

Effective 7/09

GPCSF 2 Complete