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GEORGIA PROBATE COURT STANDARD FORM

Petition for Leave to Sell Perishable Property by Conservator INSTRUCTIONS I. Specific Instructions 1. This form is to be used when filing a petition for leave to sell property which is perishable, liable to deteriorate from keeping, or expensive to keep, pursuant to O.C.G.A. §§29-3-35(a) and 29-5-35(a). Under O.C.G.A. §§29-3-35(a) and 29-5-35(a), the order for sale may be granted only after such notice and opportunity for hearing, if any, as the judge deems practicable under the circumstances. Further, the sale shall be as soon as practicable and in such manner as the court determines to be in the best interest of the estate. Therefore, all notice provisions set forth in this form may be altered by the judge if necessary.

2.

II.

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

Effective 7/05

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GEORGIA PROBATE COURT STANDARD FORM

Effective 7/05

GPCSF 15 Complete

GEORGIA PROBATE COURT STANDARD FORM

IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ) ) , ) ) ) , ) )

COUNTY

ESTATE NO. PETITION FOR LEAVE TO SELL PERISHABLE PROPERTY

MINOR/WARD

CONSERVATOR(S)

TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of estate of , shows that , whose address is as conservator(s) of the

1. the following personal property: is of perishable nature, or liable to deteriorate from keeping, or expensive to keep, and that it is in the best interest of said minor/ward that said property be sold as soon as practicable.

2. The name(s), address(es), telephone number(s), of the guardian(s) of the minor/ward, if any, is/are: . If there are none or if the conservator(s) is/are also guardian(s) of the minor/ward, the names, addresses, telephone numbers, and relationship(s) of the heirs apparent of the minor/ward, is/are:

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GEORGIA PROBATE COURT STANDARD FORM

3. There is no relationship or connection between the Conservator(s) or members of their immediate family and the purchaser(s) except as follows: . THEREFORE, Petitioner(s) pray(s) for an order authorizing Petitioner(s) to sell said property for the highest valid offer received using the following method and terms of sale at the following time and location: .

Signature of first petitioner

Signature of second petitioner, if any

Printed Name

Printed Name

Address

Address

Telephone Number

Telephone Number

Signature of Attorney:

Typed/printed name of Attorney: Address: Telephone: State Bar #

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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 -----------------------------------------------------------------------------------------------------------------------------Sworn to and subscribed before me this day of , 20 . Second Petitioner, if any

NOTARY/CLERK OF PROBATE COURT

Printed Name

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

COUNTY

MINOR/WARD

PETITION FOR LEAVE TO SELL PERISHABLE PROPERTY

CONSERVATOR(S)

ORDER CONCERNING NOTICE
(To be used only if the Judge of the Probate Court determines that it is practicable under the circumstances to afford notice or a hearing prior to ruling upon the petition.)

The clerk/deputy clerk shall serve (the guardian of the minor/ward) (the heirs apparent of the minor/ward) at least (the minor/ward) with notice of the filing of the above Petition; by

days before the court rules upon the above petition. SO ORDERED this day of , 20 .

Probate Judge

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

COUNTY

MINOR/WARD

PETITION FOR LEAVE TO SELL PERISHABLE PROPERTY

CONSERVATOR(S)

NOTICE
(To be used only if the Judge of the Probate Court determines that it is practicable under the circumstances to afford notice or a hearing prior to ruling upon the petition.)

To: The Petitioner(s), as conservator(s) of the estate of

, minor/ward has filed a petition for leave to sell property which is perishable, liable to deteriorate in value, or expensive to keep. , 20 If you have an objection, it must be filed on or before

. All objections to the petition must be in writing, setting forth the grounds of any such

objections, and all pleadings/objections must be signed before a notary public or before a probate court clerk. If you are an heir-apparent of the minor/ward, filing fees must be tendered with your

pleadings/objection, 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 County, courtroom ,20 in the Probate Court of , (address)

, Georgia)(scheduled for 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 NUMBER
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IN THE PROBATE COURT OF STATE OF GEORGIA IN RE: ) ,) ) ) ,) ) ) ESTATE NO.

COUNTY

MINOR/WARD

PETITION FOR LEAVE TO SELL PERISHABLE PROPERTY

CONSERVATOR(S)

ORDER Upon reading and considering the foregoing Petition, and it appearing that the facts stated therein are true, and (initial one:) a. it appearing that the provision of notice to interested parties prior to the sale is impractical, notice having been served as directed by the Court,

b.

it is ORDERED that Petitioner(s) be, and is/are hereby, granted leave to sell the said property for the highest valid offer received using the method and terms of sale described in the petition.

SO ORDERED this

day of

, 20

.

Probate Judge

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