Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers
GEORGIA PROBATE COURT
STANDARD FORM
Effective 7/06
2 GPCSF 32 Court
Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers
NOTICE: UNLESS OTHERWISE DIRECTED BY THE COURT, THE FOLLOWING FORMS ARE
FOR PROBATE COURT STAFF TO COMPLETE
GEORGIA PROBATE COURT
STANDARD FORM
Effective 7/06
2 GPCSF 32 Court
IN THE PROBATE COURT OF COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
ESTATE NO. ______________________
)
, )
PETITION BY PERSONAL
DECEASED
) REPRESENTATIVE
FOR
WAIVER
OF
) BOND
AND/OR
GRANT
OF
CERTAIN
)
POWERS
ORDER FOR PUBLICATION AND APPOINTING GUARDIAN AD LITEM, IF NECESSARY
Upon reading the foregoing petition, it is ordered that notice be issued and published once a week
for four weeks prior to the date on which objections must be filed.
(initial if applicable)
IT IS FURTHER ORDERED that is appointed
guardian ad litem for , and that said
guardian ad litem be duly served with a copy of the foregoing Notice, petition, purported Will if any, 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
GEORGIA PROBATE COURT
STANDARD FORM
Effective 7/06
2 GPCSF 32 Court
IN THE PROBATE COURT OF COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
ESTATE NO. __________________________
)
, )
PETITION BY PERSONAL
DECEASED
) REPRESENTATIVE
FOR
WAIVER
OF
) BOND
AND/OR
GRANT
OF
CERTAIN
)
POWERS
NOTICE
has petitioned for waiver of bond
and/or for the grant of certain powers contained in O.C.G.A. §53-12-232 in regard to the above estate.
All interested parties are hereby notified to show cause why said petition should not be granted. All
objections to the petition must be in writing, setting forth the grounds of any such objections, and must be
filed with the court on or before , 20 . 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,
the Petition may be denied or a hearing will be (held on , 20 in the Probate Court
of County, courtroom , (address)________________________
_______________________________________, Georgia)(scheduled for a later date). If no objections
are filed, the petition may be granted without a hearing.
___________________________________
PROBATE
CLERK/DEPUTY
CLERK
________________________________
ADDRESS
________________________________
TELEPHONE
NUMBER
GEORGIA PROBATE COURT
STANDARD FORM
Effective 7/06
2 GPCSF 32 Court
IN THE PROBATE COURT OF COUNTY
STATE OF GEORGIA
IN RE: ESTATE OF
)
ESTATE NO. ________________________
)
, )
PETITION BY PERSONAL
DECEASED
) REPRESENTATIVE
FOR
WAIVER
OF
) BOND
AND/OR
GRANT
OF
CERTAIN
)
POWERS
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
GEORGIA PROBATE COURT
STANDARD FORM
Effective 7/06
2 GPCSF 32 Court
PROBATE COURT OF COUNTY
STATE OF GEORGIA
IN
RE:
ESTATE
OF
) ESTATE
NO.
_____________________
)
,
)
PETITION BY ADMINISTRATOR
DECEASED
) PERSONAL
REPRESENTATIVE
) FOR
WAIVER
OF
BOND
AND/OR
)
GRANT OF CERTAIN POWERS
FINAL ORDER
The petition for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232
to the personal representative of the estate of , deceased, has been
duly filed. Consent to the petition was given by all heirs or beneficiaries under the Will, if testate. Notice
was published according to law and no objection to the petition has been filed.
It is therefore ordered that the undersigned judge does hereby: (Initial all which apply):
a.
waive the necessity of bond of this personal representative from the date of this order forward, and
grant to the personal representative the power to serve without making and filing inventory if not
yet due, and without filing any annual or other returns or reports covering any period from the
date of this order forward to any court; but the fiduciary shall in the future furnish to the income
beneficiaries, at least annually, a statement of receipts and disbursements. The present bond of
the personal representative dated , number______________ written
by , surety, in the amount of $ _____________ is
hereby reduced to zero ($0) as of the date of this order. The foregoing relief is given upon the
following conditions: The personal representative's surety shall be relieved of all liability from
the date of this order forward, except liability for any waste or misconduct by the personal
representative which occurred before the date of this order, and with respect to such continuing
liability the surety shall not be relieved until the personal representative has been discharged as
provided by law. Further, the personal representative must file a return with this court within 60
days from the date of this order covering the period from his most recent return, if any, up to the
date of this order. A copy of such return shall be sent by first class mail by the personal
representative to all of the heirs, if the decedent was intestate, and beneficiaries, if the decedent
died testate. Objections to such return may be filed within 30 days after such return is filed with
the court. If such notice is not given, or if any objection is made and sustained by the court, the
court may withdraw from the date the personal representative failed to give such notice or from
the date of its order on such objections any relief granted upon this petition.
b.
grant to the personal representative from the date of this order forward all of the powers contained
in O.C.G.A. §53-12-232 not included in (a) above.
FURTHER ORDERED that Letters of Administration or Testamentary reflecting the above be
issued to the personal representative.
SO ORDERED this day of , 20 .
_________________________________________
Probate
Judge
GEORGIA PROBATE COURT
STANDARD FORM
Effective 7/06
2 GPCSF 32 Court
INSTRUCTIONS
1. Unless inventory has been waived, an inventory of the estate must be filed with this Court by
the Personal Representative within six (6) months after the date of qualification as Personal
Representative , and a copy of that inventory must be delivered to the heirs by first-class mail within the
same period.
2. Within sixty (60) days after the date of qualification as Personal Representative, notice must
be given once a week for four (4) weeks by advertisement in the newspaper in this County in which
sheriff's notices are published, requiring creditors of the estate to render in their demands and requiring
debtors to make payment.
3. Unless returns have been waived, or a different accounting period has been approved, within
sixty (60) days after the anniversary date of qualification as Personal Representative, in each and every
year, every Personal Representative must make a just and true account, under oath, of his receipts and
expenditures on behalf of the estate during the preceding year, together with a note or memorandum of
any other fact necessary to the exhibition of the true condition of the estate. The vouchers showing the
correctness of each item must be retained by the Personal Representative.
4. The Personal Representative is allowed six (6) months from the date of his qualification to
ascertain the condition of the estate, during which he is exempt from suit. He should collect all debts due
the estate, and pay the debts of the estate, wholly or in part, at the end of the six-month period. Payment
of the debts of the decedent shall be made in accordance with their rank in priority as provided in
O.C.G.A. §53-7-40.
5. The Personal Representative may continue the business of his intestate for the year of his
qualification without a court order.
6. The normal commissions allowed the Personal Representative are two and one-half percent
(2.5%) of all sums of money received, and a like commission on all sums of money paid out. In addition,
the Judge of the Probate Court may allow a commission of up to three percent (3%) of the value of all
property distributed in kind. There are special rules concerning commissions on interest earned and extra
compensation.
7. After the payment of all expenses of administration and other debts, the balance of the estate
shall be promptly distributed to the heirs. The Personal Representative must then make a final return,
showing the receipts and disbursements since the last annual accounting, unless returns have been waived.
For further information see O.C.G.A. Title 53, Chapters 6 and 7.
GEORGIA PROBATE COURT
STANDARD FORM
Effective 7/06
2 GPCSF 32 Court
STATE OF GEORGIA
COUNTY OF ESTATE
NO.______________
LETTERS OF ADMINISTRATION
(Bond Waived and/or Certain Powers Granted Subsequent to Time of Appointment)
By , Judge of the Probate Court of said County.
WHEREAS, died intestate (check one:)
domiciled in this County:
not domiciled in this State, but owning property in this County:
and this Court granted an order appointing as Administrator of the
estate of said decedent, and said Administrator did duly qualify for such office; the Court hereby grants
unto said Administrator full power to collect the assets of said decedent, and to pay the debts of said
estate, so far as such assets will extend, according to law, and then to pay over the balance, if any, to the
legal heirs of said decedent, and to do and perform all other duties as such Administrator, according to the
laws of this State.
In addition, this Court has by order dated :
(Check all which apply:)
a.
waived the necessity of bond of the Administrator from the date of such order
forward, and granted to the administrator the power to serve without filing an
inventory if not due prior to the date of such order, and without filing any annual
or other returns or reports covering any period from the date of such order
forward to any court; but the fiduciary shall in the future furnish to the income
beneficiaries, at least annually, a statement of receipts and disbursements.
Further, the Administrator must file a return with this court within 60 days from
the date of such order covering the period from his most recent return, if any, up
to the date of such order and a copy of such return must be sent by first class mail
by the administrator to all of the heirs and known creditors of the estate at the
time such return is filed.
b.
granted to the Administrator from the date of such order forward all of the
powers contained in O.C.G.A. §53-12-232 not included in (a) above.
If Letters of Administration were previously issued to this Administrator, these Letters replace
those.
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
NOTE: The following must be signed if the judge does
not sign the original of this document:
Issued by:
(Seal)
PROBATE CLERK/DEPUTY CLERK
GEORGIA PROBATE COURT
STANDARD FORM
Effective 7/06
2 GPCSF 32 Court
STATE OF GEORGIA
COUNTY OF
ESTATE
NO.
______________
LETTERS TESTAMENTARY
(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 Probate
Court, the Last Will and Testament dated , , of ____________________
__________________________________________deceased, at the time of his or her death a resident of
said County, was legally proven in form and was admitted to record by order, and
it was further ordered that , named as Executor(s)
in said Will, be allowed to qualify, and that upon so doing, Letters Testamentary be issued to such
Executor(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, according to the Will and the law.
Given under my hand and official seal, the day of , .
______________________________________
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