Free 7. Petition to Probate Will in Solemn Form & for Letters of Administration w/ Will Annexed - Georgia

GEORGIA PROBATE COURT STANDARD FORM

Petition to Probate Will in Solemn Form and for Letters of Administration With Will Annexed INSTRUCTIONS I. Specific Instructions 1. This form is to be used when filing a combined Petition to Probate Will in Solemn Form pursuant to O.C.G.A. §53-5-2 et seq., and for Letters of Administration with the Will Annexed (sometimes called Letters of Administration C.T.A.) pursuant to O.C.G.A. §536-13 et seq. Signatures of heirs and beneficiaries who acknowledge service must be attested by a notary public or the clerk of any probate court of this state. An attorney at law may acknowledge service on behalf of an heir or beneficiary; however, the attorney must certify that he or she currently represents that heir or beneficiary with regard to the pending matter and, in order to comply with O.C.G.A. §53-11-6, the attorney's signature must be attested as provided above. With respect to a power of attorney, the attorney-infact may acknowledge service on behalf of the donor of the power, provided that the power of attorney grants such authority, the signature of the attorney-in-fact is attested, a copy of the power of attorney is attached, and the attorney-in-fact certifies that the copy is a true copy and is still in effect. It is not necessary that all acknowledgments appear on the same page. O.C.G.A. §53-5-22 (c) provides that service of notice, when made personally or by mail, shall include a copy of the petition and of the Will for which probate is sought. This form also provides for a copy of the purported Will to be served upon the beneficiaries, which, though not required by the statute, is of some practical benefit and simplifies several parts of this form.
Paragraph 5 requires a definitive statement that the list in Paragraph 3 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.

2.

3.

4.

According to Probate Court Rule 22 (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 7 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court. General Instructions

II.

General instructions applicable to all Georgia probate court standard forms are available in each probate court.
Effective 7/09 GPCSF 7 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

ESTATE NO. ________________ PETITION TO PROBATE WILL IN SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

DECEASED

TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of mailing address(es) is/are 1. On
Street

, whose , shows: ,
First Middle City Last Name County State

,

whose place of domicile was ____________________________________________________________ departed this life owning property in Georgia. 2. While alive, decedent duly made and published a Last Will and Testament dated _____________________________________, which is herewith offered for probate in Solemn Form. 3. Listed below are all of the decedent's heirs, with the age or majority status, address and relationship to decedent set opposite the name of each: Name Age Address Relationship (or over 18) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _________________________________________________________________________________

Effective 7/09

GPCSF 7 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

4. Listed below are all of the beneficiaries under said Will who have a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee who is not the nominated administrator with Will annexed, and whose identity and whereabouts are known or may be determined by reasonable diligence. Name Age (Or over 18) Address

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _________________________________________________________________________________ 5. Additional Data: Where full particulars are lacking, state here the reasons for any such omission. Paragraph 5 requires that a definitive statement be made to show to the court that the persons named in paragraph 3 constitute all of the heirs of the decedent and 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.) Also, state here all pertinent facts which may govern the method of giving notice to any party and which may determine whether or not a guardian ad litem should be appointed for any party. If any persons listed above as heirs are cousins, grandchildren, nephews or nieces of the decedent, please indicate the deceased ancestor through whom they are related to the decedent. If the propounder is not an heir or a beneficiary under the Will, state how the propounder is interested in the administration of the estate. If it is alleged that a nominated executor has failed to qualify, state here the name and address of such nominated executor. 6. Petitioner(s) further show(s) that the circumstances giving rise to the need for an administrator with the Will annexed are as follows: (initial all which apply:) The decedent failed to name an Executor in the Will. The named Executor is deceased. The named Executor has renounced or declined his/her right to serve as such. Other reason a testate estate is unrepresented ______________________________ ___________________________________________________________________. 7.

Effective 7/09

GPCSF 7 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

(The Petitioner(s)) ( be appointed Administrator C.T.A. by reason of: (initial (a) or (b) and complete (b) if initialed:) a.

) is/are entitled to

having been unanimously selected by the beneficiaries of the Will who are capable of expressing a choice. If the sole beneficiary is the decedent's surviving spouse, no action for divorce or separate maintenance was pending at the time of death of the testator. appointment of the proposed Administrator(s) C.T.A. named above will best serve the interest of the estate and the proposed Administrator(s) C.T.A. is/are: (i) A beneficiary or the trustee of any trust that is a beneficiary under the Will. An eligible person as defined in O.C.G.A. §53-6-1. A creditor of the estate. The county administrator. 8.

b.

(ii) (iii) (iv)

The proposed Administrator(s) C.T.A. should be allowed to qualify without the necessity of posting bond, since only personal representatives of intestate estates and temporary administrators are normally required to post bond. See O.C.G.A. §53-6-50(a).

9. (initial if applicable) As shown in paragraph 3. above, the decedent was survived by (a) minor child(ren), and: a. (initial if applicable). The Will names a Testamentary Guardian of the minor child(ren) of the decedent. Petitioner shows there is no living parent of said child(ren). The following individual(s) who has/have consented to serve is/are named as Testamentary Guardian in the decedent's Will: Name Address ________________________________________________________________________ ________________________________________________________________________

b. (initial if applicable). The Will names a Testamentary Conservator of the minor child(ren) of the decedent for property passing under the decedent's Will. The
Effective 7/09 GPCSF 7 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

following individual(s) who has/have consented to serve is/are named as Testamentary Conservator(s) in the decedent's Will: Name Address ________________________________________________________________________ ________________________________________________________________________ i. (initial as applicable). There is/are now a court-appointed Conservator(s), who is/are identified as follows: Name Address _________________________________________________________________ _________________________________________________________________ 10. (Initial one:) 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. The probate of another purported Will of the decedent is pending in this state in the County Probate Court. The names and address(es) of the propounder(s) and the names, addresses and ages or majority status of the beneficiaries under the other purported Will are listed on the attachment hereto, which is expressly made a part hereof, as if fully set forth herein.

Effective 7/09

GPCSF 7 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

WHEREFORE, Petitioner(s) pray(s): 1. That due and legal notice of this petition be given as the law requires. 2. That the Will be admitted to probate in solemn form and to record upon proper proof. 3. That Letters of Administration with Will Annexed issue to the proposed Administrator(s) C.T.A. named above. 4. That Letters of Testamentary Guardianship and/or Letters of Testamentary Conservatorship issue, if applicable, 5. That this Court grant such other and further relief as it deems proper under the circumstances. _____________________________________ 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:

_________________________________ __________________________________ __________________________________ State Bar # ______ 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

GPCSF 7 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

ACKNOWLEDGMENT OF SERVICE AND ASSENT TO PROBATE WILL IN SOLEMN FORM BY HEIRS AND BY BENEFICIARIES CAPABLE OF EXPRESSING A CHOICE PROBATE COURT OF COUNTY

IN RE: PETITION OF TO PROBATE THE WILL OF , DECEASED, IN SOLEMN FORM, AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED. Each of the undersigned beneficiaries hereby acknowledges service of a copy of the petition referred to above and the purported Will, waives all further service and notice, selects the person proposed in said petition to be Administrator with Will Annexed and consents to the petition. Each of the undersigned heirs of the above-named decedent being 18 years of age or older, and laboring under no legal disability, hereby acknowledges service of a copy of the petition referred to above, purported Will, and notice, waives all further service and notice, and hereby assent to the probate of said Will in Solemn Form without further delay. 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_______________ ---------------------------------------------------------------------------------------------------------------------------

Effective 7/09

GPCSF 7 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

TESTAMENTARY GUARDIAN AND/OR TESTAMENTARY CONSERVATOR CONSENT TO SERVE GEORGIA, IN RE: PETITION OF THE WILL OF IN SOLEMN FORM COUNTY TO PROBATE , DECEASED,

I/We, the undersigned, being 18 years of age or older, laboring under no legal disability and being named as Testamentary Guardian(s) and/or Testamentary Conservator(s), hereby consent to serve. I understand that once appointed, I will have the same rights, powers, and duties as set forth in O.C.G.A. §29-2-4 and §29-3-5. SIGNATURE 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 . ____________________________________ ____________________________________ Printed Name

NOTARY/CLERK OF PROBATE COURT My Commission Expires________________

Effective 7/09

GPCSF 7 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

Petition to Probate Will in Solemn Form and for Letters of Administration With Will Annexed

NOTICE: THE FOLLOWING PAGES ARE TO BE COMPLETED BY THE PETITIONER (MOVING PARTY) UNLESS OTHERWISE DIRECTED BY THE COURT. SEE PROBATE COURT RULE 22 (A).

Effective 7/09

GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

ESTATE NO. ________________ PETITION TO PROBATE WILL IN SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

DECEASED

ORDER FOR SERVICE OF NOTICE AND FOR APPOINTMENT OF GUARDIAN AD LITEM, IF NECESSARY The foregoing Petition to Probate Will in Solemn Form and for Letters of Administration with Will Annexed having been filed, and all the heirs not having acknowledged service and/or the beneficiaries capable of expressing a choice not having made a unanimous selection and/or it being alleged that a nominated executor has failed to qualify, it is ordered that notice shall issue and be served upon the ((heirs) (beneficiaries) who have not acknowledged service of the petition) (upon any executor nominated in the Will who has failed to qualify), as follows: (Initial any and all which apply:) Notice must be served personally, together with a copy of the petition and purported Will, at least ten days before the deadline for filing objections upon the following interested parties who reside in Georgia: ________________________________________________________________________ Notice must be served by registered or certified mail, return receipt requested, together with a copy of the petition and purported Will, upon the following nonresident interested parties 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 , in order to serve by publication the following interested parties whose current residence addresses are unknown: ________________________________________________________________________ IT IS ORDERED that _____________________________________________ is appointed guardian ad litem for _________________________________________________ ______________________________(minor)(unborn heir)(and the unknown heir), and that said guardian ad litem be duly served with a copy of the foregoing Notice, petition, purported Will and notice of this appointment, and that upon said guardian ad litem's acceptance of the 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

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GPCSF 7 Court

NOTICE
PROBATE COURT OF COUNTY RE: PETITION OF TO PROBATE IN SOLEMN FORM THE WILL OF , DECEASED, AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED, UPON WHICH AN ORDER FOR SERVICE WAS GRANTED BY THIS COURT ON , . (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 mail) _________________________________________________________ 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 mail)______________________________________________________________

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:) TO: (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 must be signed before a notary public or probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/phone number for the required amount of filing fees. If any objections are filed, a hearing will be held on __________ ____________) (scheduled at a later date). If no objections are filed, the petition may be granted without a hearing. ________________________________
PROBATE JUDGE By: _____________________________ CLERK OF THE PROBATE COURT

_______________________________
ADDRESS

_______________________________
TELEPHONE NUMBER
Effective 7/09 GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

NOTICE PROBATE COURT OF RE: COUNTY

PETITION OF TO PROBATE IN SOLEMN FORM THE WILL OF , DECEASED, AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED, UPON WHICH AN ORDER FOR SERVICE WAS GRANTED BY THIS COURT ON , .
(For use if an interested party is required to be served by publication:)

TO:(List here all known interested parties having unknown addresses to be served by publication) ______ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ All interested parties and all and singular the heirs of said decedent, the beneficiaries under the purported Will, 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 must be signed before a notary public or probate court clerk, and filing fees must be tendered with your pleadings, unless you qualify to file as an indigent party. Contact probate court personnel at the below address/phone number for the required amount of filing fees. If any objections are filed, a hearing will be (held on _________ ______________________________) (scheduled at a later date). If no objections are filed, the petition may be granted without a hearing. _______________________________ PROBATE JUDGE By: ____________________________ CLERK OF THE PROBATE COURT _______________________________ ADDRESS ________________________________ _______________________________ TELEPHONE NUMBER

Effective 7/09

GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

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, purported Will and the notice to all of the interested parties who reside out of state.

DATE

______________________________ PROBATE CLERK/DEPUTY CLERK

Effective 7/09

GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

ESTATE NO. _______________ PETITION TO PROBATE WILL IN SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

DECEASED

RETURN OF SHERIFF I have this day served _____________________________________________________ personally with a copy of the foregoing petition, purported Will and notice.

____________________________________ Date Deputy Sheriff, County

Effective 7/09

GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

ESTATE NO._________________ PETITION TO PROBATE WILL IN SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

DECEASED

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 ____________________________ ____________________________________ Telephone ___________________________

Effective 7/09

GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

PROBATE COURT OF STATE OF GEORGIA IN RE: ESTATE OF , DECEASED ) ) ) ) ) )

COUNTY

ESTATE NO. ___________________ PETITION TO PROBATE WILL IN SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

ORDER The Petition of _______________________________________________________________ to probate the Will of the above decedent in Solemn Form, and requesting that Letters of Administration with the Will Annexed be issued as set forth in the petition, having been duly filed; And it appearing that the decedent died domiciled in this County, that notice was issued and duly served according to law, or was duly waived, and that notice of the petitioner's intention to proceed with the proof in Solemn Form has been duly served upon all of the heirs; And said Will having been (self-proved)(proved by one of the witnesses thereto) to be the Last Will and Testament of said decedent, and it also appearing that __________________________________ _____________________________________________________________________________________ is/are lawfully qualified for said Administration, and all other requirements of law having been fulfilled; and no objection being offered thereto, IT IS HEREBY ORDERED that said Will be established as the true Last Will and Testament of said decedent, that the same be admitted to record as proved in Solemn Form, and that Letters of Administration with the Will Annexed issue to the person(s) found above in this Order to be qualified for such office, upon his/her/their taking and subscribing the Oath as provided by law. IT IS FURTHER ORDERED that said Administrator(s) with Will Annexed shall disburse all property according to the terms of the Will and shall maintain all records of income and disbursements until they are discharged. IT IS FURTHER ORDERED that the clerk/deputy clerk shall serve the Administrator(s) with Will Annexed with a copy of this Order by first class mail and shall file a certificate of service showing such service. (initial if applicable) IT IS FURTHER ORDERED that Letters of Testamentary Guardianship and/or Conservatorship shall issue to the individuals so designated in said Will. SO ORDERED this day of , 20 .

____________________________________________ Probate Judge
Effective 7/09 GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

ESTATE NO. ____________________ PETITION TO PROBATE WILL IN SOLEMN FORM AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED

DECEASED

I do solemnly swear (or affirm) that this writing contains the true Last Will and Testament of , deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of Georgia. So help me God.

Sworn to and subscribed before me this day of

, 20

.

____________________________________ Administrator C.T.A. ____________________________________ Printed Name

CLERK OF PROBATE COURT

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

, 20

.

____________________________________ Administrator C.T.A ____________________________________ Printed Name

CLERK OF PROBATE COURT

Effective 7/09

GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF ESTATE NO. ________________ LETTERS OF ADMINISTRATION WITH WILL ANNEXED (Relieved of Filing Returns) By KNOW ALL WHOM IT MAY CONCERN: That on the day of , 20 , at a regular term of the , of , Judge of the Probate Court of said County.

Probate Court, the Last Will and Testament dated

__________________________________________________________________deceased, at the time of his or her death a resident of said County, was legally proven in Solemn form and was admitted to record by order, and (on the day of , ) it was (further) ordered that

_________________________________________________________________be allowed to qualify as Administrator with the Will Annexed, and that upon doing so, Letters of Administration with the Will Annexed be issued to said individual(s). NOW, THEREFORE, the said ____________________________________________________ ___________________, having taken the oath of office and complied with all the necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all the powers of Executor(s) under the Will of said deceased and of Administrator(s) with the Will Annexed according to the Will and the law. Given under my hand and official seal, the day of , 20 .

____________________________________ Probate Judge
NOTE: The following must be signed if the judge does not sign the original of this document:

Issued by:

(Seal)

____________________________________ PROBATE CLERK/DEPUTY CLERK
Effective 7/09 GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF ESTATE NO. _______________

LETTERS OF ADMINISTRATION WITH WILL ANNEXED (Relieved of Filing Returns and/or Certain Powers Granted at Time of Appointment By KNOW ALL WHOM IT MAY CONCERN: That on the day of , 20 , at a regular term of the , of , Judge of the Probate Court of said County.

Probate Court, the Last Will and Testament dated

__________________________________________________________________deceased, at the time of his or her death a resident of said County, was legally proven in Solemn form and was admitted to record by order, and (on the day of _______________________, ) it was (further) ordered that

_________________________________________________________________be allowed to qualify as Administrator with the Will Annexed, and that upon doing so, Letters of Administration with the Will Annexed be issued to said individual(s). NOW, THEREFORE, the said ,

having taken the oath of office and complied with all the necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all the powers of Executor(s) under the Will of said deceased and of Administrator(s) with the Will Annexed according to the Will and the law. IT IS FURTHER ORDERED that the undersigned judge does hereby (Initial all which apply:) a. waive the bond of the Administrator(s) and granted to the Administrator(s) the power to serve without filing an inventory, and without filing any annual or other returns or reports to any court; but the fiduciary shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements. grant to the Administrator(s) all of the powers contained in O.C.G.A. §53-12-232 not included in (a) above. day of , 20 .

b.

Given under my hand and official seal, the

____________________________________ Probate Judge
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

(Seal)

GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF ESTATE NO. _____________ LETTERS OF ADMINISTRATION WITH WILL ANNEXED (Not Relieved of Filing Returns) By KNOW ALL WHOM IT MAY CONCERN: That on the day of , 20 , at a regular term of the , of , Judge of the Probate Court of said County.

Probate Court, the last Will and Testament dated

__________________________________________________________________deceased, at the time of his or her death a resident of said County, was legally proven in Solemn form and was admitted to record by order, and (on the day of , ) it was (further) ordered that

_________________________________________________________________be allowed to qualify as Administrator with the Will Annexed, and that upon doing so, Letters of Administration with the Will Annexed be issued to said individual(s). NOW, THEREFORE, the said ,

having taken the oath of office and complied with all the necessary prerequisites of the law, is/are legally authorized to discharge all the duties and exercise all the powers of Executor(s) under the Will of said deceased and of Administrator(s) with the Will Annexed according to the Will and the law and is/are hereby required to render a true and correct inventory of all the goods, chattels, rights and credits of said deceased, and make a return of them to this Court; and further, to file a proper annual or final return with this Court each year until the Administration with Will Annexed is fully discharged. Given under my hand and official seal, the day of , 20 .

____________________________________ Probate Judge
NOTE: The following must be signed if the judge does not sign the original of this document:

Issued by:

(Seal)

____________________________________ PROBATE CLERK/DEPUTY CLERK
Effective 7/09 GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF ESTATE NO. _______________ LETTERS OF TESTAMENTARY GUARDIANSHIP OF MINOR From the Judge of the Probate Court of said County. TO: RE: , Testamentary Guardian(s) , Minor

Pursuant to the Last Will and Testament of , deceased, you have been appointed Testamentary Guardian of the minor. You have assented to this appointment by taking your oath. In general, your duties as Testamentary Guardian are to protect and maintain the person of the minor and your power over the minor shall be the same as that of a parent over a child, the guardian(s) standing in place of the parent(s). A guardian shall at all times act as a fiduciary in the minor's best interest and exercise reasonable care, diligence, and prudence. Special Instructions: 1. 2. 3. 4. It is your duty to see that the minor is adequately fed, clothed, sheltered, educated, and cared for, and that the minor receives all necessary medical attention. You must keep the Court informed of any change in your name or address. You should inform the Court of any change of location of your minor. You shall, within 60 days of appointment and within 60 days after each anniversary date of appointment, file with this Court and provide to the conservator of the minor, if any, a personal status report concerning the minor. You shall promptly notify the court of any conflict of interest which may arise between you as guardian and the minor pursuant to O.C.G.A. §29-2-23. The guardianship automatically terminates when the minor dies, reaches age 18, is adopted, or is emancipated. You shall act in coordination and cooperation with the minor's conservator, if appointed, or if not, with others who have custody of the minor's property. Please consult your attorney if you have any questions. Your authority to act pursuant to these Letters is subject to applicable statutes and to any special orders entered in this case. day of , 20 .

5. 6. 7. 8.

Give under my hand and official seal, this

____________________________________ Probate Judge
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

(Seal)
GPCSF 7 Court

GEORGIA PROBATE COURT STANDARD FORM

STATE OF GEORGIA COUNTY OF ESTATE NO. ________________

LETTERS OF TESTAMENTARY CONSERVATORSHIP OF MINOR From the Judge of the Probate Court of said County. TO: RE: , Testamentary Conservator(s) , Minor

Pursuant to the Last Will and Testament of the below-named decedent, you have been appointed Testamentary Conservator of the minor's property. You have assented to this appointment by taking your oath. In general, your duties as Testamentary Conservator are to protect and maintain the property of the minor and utilize the minor's property solely for the benefit of the minor. Please consult your attorney if you have any questions. These Letters of Testamentary Conservatorship empower the above testamentary conservator to hold, for the minor, only property which passed through the estate of , Deceased.

Given under my hand and official seal, this

day of

, 20

.

____________________________ Probate Judge

Note:

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

Issued by:

(Seal) PROBATE CLERK/DEPUTY CLERK

Effective 7/09

GPCSF 7 Court