Free 8. Petition for Letters of Administration with Will Annexed (Will Previously Probated) - Georgia

GEORGIA PROBATE COURT STANDARD FORM

Petition for Letters of Administration with Will Annexed (Will Previously Probated)

INSTRUCTIONS 1. Specific Instructions 1. This form is to be used in connection with a petition for letters of administration with the Will annexed (sometimes called letters of administration C.T.A.), when the Will has been previously probated pursuant to O.C.G.A. §53-6-15(b). In the event the will has not been previously probated, Form 7 Petition for Letters of Administration with Will Annexed should be used. 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 5 which are labeled "Court" are to be completed by the moving party, unless otherwise directed by the court.

2.

II.

General Instructions

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

Effective 7/09

GPCSF 8 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

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

COUNTY

ESTATE NO. ___________________ PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED)

DECEASED

TO THE HONORABLE JUDGE OF THE PROBATE COURT: The petition of whose mailing address is/are 1. On , , the Last Will and Testament of _________________________________________________________________, deceased, was probated
First Middle Last Name

, , shows:

in this Court in

Form.

2. Listed below are all of the beneficiaries under said Will which has been previously probated 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

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

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GPCSF 8 Petitioner

3. Additional Data: Where full particulars are lacking, state here the reasons for any such omission.

4. 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. 5. Petitioner(s) further show(s) that the circumstances giving rise to the need for an administrator with the Will annexed (Will previously probated) are as follows: (Initial all which apply:) The decedent failed to name a successor 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: _________________________________ ______________________________________________________________________ 6. (The Petitioner(s)) ( entitled to be appointed Administrator(s) C.T.A. by reason of: ) is/are

having been unanimously selected by the beneficiaries of the Will, which was previously probated, 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. 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: 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.

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GPCSF 8 Petitioner

7. 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). WHEREFORE, Petitioner(s) pray(s): 1. 2. That due and legal notice of this petition be given as the law requires. That Letters of Administration with Will Annexed, Will previously probated, issue to the proposed Administrator(s) C.T.A. named above. That this Court grant such other and further relief as it deems proper under the circumstances. ______________________________________ Signature of second petitioner if any ______________________________________ Printed Name ______________________________________ Address ______________________________________ ______________________________________ Telephone Number ______________________________________

3.

Signature of first petitioner

Printed Name

Address

Telephone Number Signature of Attorney:

Typed/printed name of Attorney: Address:

______________________________________ ______________________________________ ______________________________________

Telephone:

State Bar # ________

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GPCSF 8 Petitioner

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 ______________________________________ Printed Name

NOTARY/CLERK OF PROBATE COURT My Commission Expires _________________

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GPCSF 8 Petitioner

ACKNOWLEDGMENT OF SERVICE AND SELECTION BY BENEFICIARIES CAPABLE OF EXPRESSING A CHOICE

PROBATE COURT OF

COUNTY

IN RE: PETITION OF _______________________________________________________________ FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) ON THE ESTATE OF , DECEASED. Each of the undersigned beneficiaries hereby acknowledges service of the petition referred to above, waives copies of same and all further service and notice, selects the person proposed in said petition to be Administrator with Will Annexed (Will Previously Probated) and consents to the petition. SIGNATURE(S) OF BENEFICIARIES Sworn to and subscribed before me this day of

, 20

.

______________________________________ ______________________________________ Printed Name

NOTARY/CLERK OF PROBATE COURT 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 My Commission Expires _________________

Printed Name

Effective 7/09

GPCSF 8 Petitioner

GEORGIA PROBATE COURT STANDARD FORM

Petition for Letters of Administration with Will Annexed (Will Previously Probated)

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).

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GPCSF 8 Court

-7-

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

COUNTY

ESTATE NO. _____________________ PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED)

DECEASED

ORDER FOR SERVICE OF NOTICE AND FOR APPOINTMENT OF GUARDIAN AD LITEM, IF NECESSARY The foregoing Petition for Letters of Administration with Will Annexed (Will Previously Probated) having been filed, and 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 beneficiaries who have not acknowledged service of the petition (upon the executor of the deceased executor whose death created the vacancy) (upon any executor nominated in the will who has failed to qualify), as follows: (Initial all which apply:) Notice must be served personally, together with a copy of the petition, at least ten days before the deadline for filing objections on 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, 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 , 20 in order to serve by publication the following interested parties 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

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GPCSF 8 Court

NOTICE PROBATE COURT OF COUNTY RE: PETITION OF FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED), CONCERNING THE WILL OF , DECEASED
Strike the following paragraph if not applicable:)

TO:

____________________________________________________________________
(List here all heirs 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 heirs 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:) This is further to notify
(List here all heirs 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: __________________________________ CLERK OF THE PROBATE COURT ______________________________________ ADDRESS ______________________________________ ______________________________________ TELEPHONE NUMBER
Effective 7/09 GPCSF 8 Court

NOTICE PROBATE COURT OF RE: COUNTY

PETITION OF FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED), CONCERNING THE WILL OF , DECEASED.
(To be used 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)

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

Effective 7/09

GPCSF 8 Court

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

COUNTY

ESTATE NO. _______________________ PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED)

DECEASED

RETURN OF SHERIFF I have this day served ________________________________________________________ personally with a copy of the foregoing petition and notice.

______________________________________ Date Deputy Sheriff, County

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GPCSF 8 Court

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 notice, to all interested parties who reside out of state at known current residence addresses.

DATE

______________________________________ PROBATE CLERK /DEPUTY CLERK

Effective 7/09

GPCSF 8 Court

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

COUNTY

ESTATE NO. ______________________ PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED)

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 8 Court

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

COUNTY

ESTATE NO. ___________________ PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED)

ORDER The foregoing petition having been duly filed, And it appearing that the Will of the decedent was previously probated in this Court, and that service was perfected according to law, And it also appearing that ________________________________________________________ is/are lawfully qualified for said Administration C.T.A., and all other requirements of law having been fulfilled; and no objection being offered thereto, IT IS HEREBY ORDERED that Letters of Administration with the Will Annexed issue to the person(s) found above to be lawfully qualified, upon his/her/their taking and subscribing the Oath as provided by law.

SO ORDERED this

day of

, 20

.

______________________________________________ Probate Judge

Effective 7/09

GPCSF 8 Court

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

COUNTY

ESTATE NO. ____________________ PETITION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED)

DECEASED

I do solemnly swear (or affirm) that this writing contains the true Last Will 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.

______________________________________ Judge/Clerk of the Probate Court

______________________________________ Administrator C.T.A.

Effective 7/09

GPCSF 8 Court

STATE OF GEORGIA COUNTY OF

ESTATE NO. ________________

LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) (Relieved of Filing Returns)

By ____________________________________ ______, Judge of the Probate Court of said County. KNOW ALL WHOM IT MAY CONCERN: That on the day of , 20 , at a regular term of the , deceased, at the time of form and was , ) it was be

Probate Court, the Last Will and Testament dated of his or her death a resident of said County, was legally proven in admitted to record by order, and (on the (further) ordered that day of

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: ____________________________________________ Clerk, Probate Court

(Seal)

Effective 7/09

GPCSF 8 Court

STATE OF GEORGIA COUNTY OF

ESTATE NO. ______________________

LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) mark out those not applicable (Relieved of Filing Returns, Filing Bond and/or additional Statutory Powers Granted) By KNOW ALL WHOM IT MAY CONCERN: That on the day of , 20 , , at a regular term of the Probate Court, of ________________ day , Judge of the Probate Court of said County.

the last Will and Testament dated was legally proven in

________________________________________deceased, at the time of his or her death a resident of said County, form and was admitted to record by order, and (on the 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 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 grant 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 . having taken the oath of office and complied with all the necessary prerequisites of the law, is/are legally authorized to

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:

(Seal)

____________________________________
Clerk, Probate Court

Effective 7/09

GPCSF 8 Court

STATE OF GEORGIA COUNTY OF

ESTATE NO. __________________

LETTERS OF ADMINISTRATION WITH WILL ANNEXED (WILL PREVIOUSLY PROBATED) (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 admitted to record by order, and (on the (further) ordered that 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 . day of , form and was ) it was be

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

Issued by:

(Seal)

____________________________________________ Clerk, Probate Court

Effective 7/09

GPCSF 8 Court