Free 18. Petition for Presumption of Death of Missing Indvividual Believed to be Dead - Georgia

Re:

Petition for Presumption of Death of Missing Individual Believed to be Dead

INSTRUCTIONS I. 1. 2. Specific Instructions This form is to be used for petition for presumption of death of missing individual believed to be dead pursuant to O.C.G.A. § 53-9-1 et seq. This form may be used in conjunction with a petition for letters of administration, a petition to probate will in common or solemn form, a petition for a year's support or a petition for an order that no administration is necessary. Any of these other petitions may be granted at any time after the presumption of death is established, provided that all legal requirements for the granting of the other petition have been met.
Paragraph 5 requires that a definitive statement be made to show to the court that the persons named in paragraph 4 constitute all of the heirs 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."

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4. II.

The attached form consists of 7 pages. General Instructions

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

Effective 7/09

GPCSF 18

PETITION FOR PRESUMPTION OF DEATH

OF MISSING INDIVIDUAL BELIEVED TO BE DEAD
GEORGIA, COUNTY

TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of respectfully shows to the Court: , whose mailing address is 1. hereinafter referred to as the "missing individual"), who was domiciled at __________________________________________________________________ in___________________________, Georgia, is missing. (County) 2. (Check one:) ___ ___ ___ The missing individual has been missing from his/her last known place of domicile for a continuous period of four years or longer. The missing individual has been missing from his/her last known place of domicile for a continuous period of twelve months or longer. The missing individual was exposed to a specific peril or tragedy resulting in probable death under circumstances which may be proved by clear and convincing evidence. The specific peril or tragedy and the circumstances proving the death of the missing individual are fully explained in paragraph 7. 3. The missing individual was last heard from on________________________________________, (Date) at which time he/she was at . (Location or Address) 4. Listed below are the names of all the missing individual's heirs with the age or majority status, address, and relationship to the missing individual set opposite the name of each: Name Age Address Relationship (Or over 18) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ,

Effective 7/09

GPCSF 18

GEORGIA PROBATE COURT STANDARD FORM

5. 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.)

6. __Petitioner (has simultaneously filed) (will file) a petition concerning this estate for (check one): ____ ____ ____ ____ OR administration of the estate. probate of will in (common) (solemn) form. a year's support. an order that no administration is necessary.

____Petitioner does not presently intend to file any other proceedings. 7.

To the knowledge of the petitioner, no other proceedings with respect to this estate are pending, or have been completed, in any other probate court in this state. 8. The petitioner shows the following facts in support of the belief that the missing individual is deceased [If death is to be proved as a result of a specific peril or tragedy, please fully describe the specific peril or tragedy and the circumstances proving the decedent's exposure thereto and death as a result thereof]:

Wherefore petitioner prays: (a) that necessary notice be issued and served according to law; and (b) that an order establishing a presumption of death be entered. ______________________________________ Signature of Attorney (or petitioner if pro se) Printed Name:__________________________ Address: __________________________ __________________________ Telephone: __________________________ State Bar #: __________________________ 2
Effective 7/09 GPCSF 18

_______________________________________ Signature of Attorney (or petitioner if pro se) Printed Name:___________________________ Address: ___________________________ ___________________________ Telephone: ___________________________ State Bar #: ___________________________

GEORGIA PROBATE COURT STANDARD FORM

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.

Petitioner Printed Name: ____________________________ Address: Telephone: ____________________________

_______________________________________ Petitioner Printed Name: __________________________ Address: Telephone: __________________________ __________________________ __________________________

Sworn to and subscribed before me, this _________ day of

, 20____.

________________________________ Clerk of Probate Court or Notary Public

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GEORGIA PROBATE COURT STANDARD FORM

ACKNOWLEDGMENT OF SERVICE AND ASSENT TO PETITION GEORGIA, COUNTY FOR THE ,

IN RE: PETITION OF PRESUMPTION OF DEATH OF MISSING INDIVIDUAL BELIEVED TO BE DEAD

We, the undersigned, being over 18 years of age, laboring under no legal disability and being those who would be heirs if the missing individual were known to be dead, hereby acknowledge service of a copy of the petition for presumption of death of missing individual believed to be dead and notice, waive copies of same, waive further service and notice, and hereby assent to the petition without further delay, SIGNATURE(S) OF WOULD BE HEIRS Sworn to and subscribed before me this ____ day of _____________,20____. NOTARY/CLERK OF PROBATE COURT Signature ______________________________________ Print Name

------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this ____ day of _____________,20____. ______________________________________ Signature ______________________________________ NOTARY/CLERK OF PROBATE COURT Print Name ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this ____ day of _____________,20____. _____________________________________ Signature ______________________________________ NOTARY/CLERK OF PROBATE COURT Print Name ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this ____ day of _____________,20____. ______________________________________ Signature ______________________________________ NOTARY/CLERK OF PROBATE COURT Print Name ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this ____ day of _____________,20____. ______________________________________ Signature ______________________________________ NOTARY/CLERK OF PROBATE COURT Print Name ------------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this ____ day of _____________,20____. ______________________________________ Signature ______________________________________ NOTARY/CLERK OF PROBATE COURT Print Name ------------------------------------------------------------------------------------------------------------------------------4
Effective 7/09 GPCSF 18

GEORGIA PROBATE COURT STANDARD FORM

PROBATE COURT OF STATE OF GEORGIA IN THE MATTER OF ___________________________________ MISSING INDIVIDUAL BELIEVED DEAD ) ) ) ) )

COUNTY ESTATE NUMBER _____________________ RE: PETITION FOR PRESUMPTION OF DEATH OF MISSING INDIVIDUAL BELIEVED TO BE DEAD

ORDER FOR SERVICE OF NOTICE (AND SEARCH FOR MISSING INDIVIDUAL)
[Note: If desired, the following Order for Service of Notice and Notice of Hearing may be combined with any other such Order and Notice required for the issuance of letters or an order for year's support or that no administration is necessary.]

On _________________________, 20______, filed this petition to establish the presumption of death of the above-named missing individual believed to be dead (and a petition on the estate of such individual). IT IS ORDERED that notice be published once a week for four weeks, in the official newspaper in this county in which sheriff's advertisements are published, giving notice that on a day stated, which must be at least 90 days after the first publication, evidence will be heard by this Court concerning the alleged absence of the missing individual and the circumstances and duration thereof. IT IS FURTHER ORDERED that the notice be (initial any and all of the following which apply): ____ served personally, together with a copy of the petition, upon the following individuals who would be heirs if the missing individual were known to be dead, who reside within this state, who have not acknowledged service: ____________________________________________________________________________________ ____________________________________________________________________________________ ____ served by registered or certified mail, return receipt requested, together with a copy of the petition, upon nonresident individuals who would be heirs if the missing individual were known to be dead, whose current residence addresses are known and who have not acknowledged service: ____________________________________________________________________________________ ____________________________________________________________________________________ ____ served by publication upon the following individuals who would be heirs if the missing individuals were known to be dead, whose current residence addresses are unknown and who have not acknowledged service: ____________________________________________________________________________________ ____________________________________________________________________________________ ____ (Optional) IT IS FURTHER ORDERED that the petitioner search for the missing individual in the following manner: ____________________________________________________________________________________ ____________________________________________________________________________________ This _____ day of __________________________ 20_____.

_______________________________ JUDGE OF THE PROBATE COURT

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GEORGIA PROBATE COURT STANDARD FORM

PROBATE COURT OF STATE OF GEORGIA IN THE MATTER OF , MISSING INDIVIDUAL BELIEVED DEAD ) ) ) ) )

COUNTY

ESTATE NUMBER __________________ RE: PETITION FOR PRESUMPTION OF DEATH OF MISSING INDIVIDUAL BELIEVED TO BE DEAD

NOTICE OF HEARING A petition for presumption of death of ,a missing individual believed dead, has been filed by ___________________________________________ (in conjunction with a petition for __________________________________________). Notice is hereby given that at __________ o'clock ____.m., on the __________ day of _________________, 20____, evidence will be heard by the probate court concerning the alleged absence of said missing individual and the circumstances and duration thereof. The missing individual, if alive, or any other individual having evidence that the missing individual is alive, is required to produce and present to the court evidence that the missing individual is still in life. This ____ day of _________________________, 20____. _____________________________________ Judge of the Probate Court By: Clerk of the Probate Court Publication dates: ________________________

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 each of the following heirs-apparent who reside out of state at known current residence addresses: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

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CLERK, PROBATE COURT
GPCSF 18

GEORGIA PROBATE COURT STANDARD FORM

PROBATE COURT OF STATE OF GEORGIA IN THE MATTER OF ___________________________________, MISSING INDIVIDUAL BELIEVED DEAD ) ) ) ) )

COUNTY

ESTATE NUMBER ______________________ RE: PETITION FOR PRESUMPTION OF DEATH OF MISSING INDIVIDUAL BELIEVED TO BE DEAD

ORDER ESTABLISHING PRESUMPTION OF DEATH AND DATE THEREOF The petition of , for presumption of death of , a missing individual believed to be dead, having come before the Court for hearing on ______________________________, 20____, and it appearing that notice of such hearing was duly published and served as required by law, and after hearing evidence in said case, it is the finding of the Court that a diligent and reasonable effort has been made to locate the missing individual and that a legal presumption of death of said missing individual has been established ____ by a preponderance of the evidence because the presumption of death has been proved by showing the at the individual has been missing from his or her last known place of domicile for a continuous period of four years, OR ____ by a preponderance of the evidence because presumption of death has been proved by showing that the individual has been missing from his or her last known place of domicile for a continues period of twelve months or more, OR ____ by clear and convincing evidence, because the presumption of death has been proved by showing that the individual was exposed to a specific peril or tragedy resulting in probable death, and this Court concludes that such missing individual may be declared dead. WHEREUPON, IT IS ORDERED that ___________________________________________be and is hereby declared dead and the date of death is hereby established as ________________________. SO ORDERED on _____________________.

_____________________________________ Judge of the Probate Court

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